SIVANANDAN Vs. T.V.NAGARAJAN

JUDGEMENT

(1.) C.R.P. NPD No. 1580 of 2006 is against the order passed in E.P. No. 294 of 2004 in O.S. No. 918 of 1973. C.R.P. PD No. 1626 of 2008 is against the order passed in I.A. No. 53 of 2005 in O.P. No. 71 of 1980. The revision petitioners in C.R.P. NPD No. 1580 of 2006 are the respondents in C.R.P. PD No. 1626 of 2008 and the second respondent in C.R.P. NPD No. 1580 of 2006 has filed the revision in C.R.P. PD No. 1626 of 2008. The admitted facts of these two cases are as follows:-

(2.) During the pendency of the suit in O.S. No. 918 of 1973, the sons of Kuppu Rao viz., revision petitioners 2 and 3 in C.R.P. NPD No. 1580 of 2006 filed O.S. No. 578 of 1974 on the file of the District Court, Cuddalore for a declaration that the entire land of an extent of 31 cents situate in T.S. No. 708 in Ward No. 6, Block No. 22, Cuddalore Municipality was their family private property and the Veera Anjaneya Temple is their private temple. That suit was filed against the Commissioner, HR & CE, Thanikachalam, who was appointed as trustee by the HR & CE Department and also against one Govindasamy, who was later appointed as trustee in the place of Thanikachalam and also one Kuppu Rao alias Venkataramana Rao. Ramalinga Gounder was not a party to that suit. That suit was dismissed on 24.2.1976 and A.S. No. 141 of 1976 was filed and that was allowed on 14.4.1976. The judgment in A.S. No. 144 of 1976 was also confirmed in S.A. No. 141 of 1978 by this court.

(3.) After the disposal of the first appeal in A.S. No. 51 of 1975, by which O.S. No. 918 of 1973 was decreed, the plaintiffs in that suit viz., revision petitioners in C.R.P. NPD No. 1580 of 2006 filed E.P. No. 33 of 1977 to execute the decree in O.S. No. 918 of 1973. During the pendency of the Execution Petition, Madras City Tenants Protection (Amendment) Act, 1979 (Amendment Act 11/1980) was passed and published on 3.3.1980, in the Government Gazette. Therefore, Ramalinga Gounder filed applications in E.A. No. 897 of 1980 in E.P. No. 33 of 1977 under section 47 of the Code of Civil Procedure for the relief that he is entitled to the benefits of Act II of 1980 and therefore, the decree regarding possession of the land held by Ramalinga Gounder as a tenant cannot be executable as he is entitled to protection of Tamil Nadu City Tenants Protection Act as amended by Act II of 1980. He also filed O.P. No. 71 of 1980 under section 9 of the Tamil Nadu City Tenants Protection Act to sell the land to him. Both the applications were dismissed on 6.8.1981 by the learned District Munsif, Cuddalore. Against the dismissal of both the applications, he filed C.R.P. No. 2696 of 1981 against the order passed in E.A. No. 897 of 1980 and A.A.O. No. 672 of 1982 was filed against the order passed in O.P. No. 71 of 1980 before this court. During the pendency of the revision and appeal, Ramalinga Gounder died and his legal representatives were brought on record and this court allowed the revision and A.A.O. No. 672 of 1982 and set aside the order passed in E.A. No. 897 of 1980 and O.P. No. 71 of 1980 and remanded the matter to the court below for taking further steps by the parties. In the order passed on 9.1.1991, in C.R.P. No. 2696 of 1981 and A.A.O. No. 672 of 1982, this court held that the decree passed in O.S. No. 918 of 1973 is not executable in respect of land held by Ramalinga Gounder as a tenant and the tenant is entitled to benefits of the Tamil Nadu City Tenants Protection Act as amended by Act II of 1980 and remanded to the court below for further proceedings yet to be completed in accordance with law.