K S SELVARAJ Vs. KOMALEESWARAR DEVASTHANAM

JUDGEMENT

(1.) The revision arises against the impugned order dated 13.6.2002 on the file of the Third Additional Judge, City Civil Court, Chennai in allowing an application filed by the landlord to condone the delay of 1182 days in preferring the application to set aside the ex parte order passed against them in A.S.No.251 of 1993 preferred by the revision petitioners.

(2.) This is a case of total abuse of process of law by the petitioners/tenants in their attempt to grab the valuable properties belonging to Komaleeswarar temple atKomaleeswaranpettai, Chennai-2. The most unfortunate event is that even the Executive Officers, who are both morally and legally bound to safe-guard the interests of the idol, appear to have played havoc in joining hands with the tenants and seem to have colluded themselves to act against the interests of the idol. The slackness whether wanton or otherwise of the Executive Officers of the temple could be easily noted on going through the facts narrated here-under that even after deposit of the value of the building as directed by the Court, no tenable action was taken against the tenants in getting the building in favour of the temple. Suspicion of collusion is unavoidable.

(3.) An ejectment suit was filed seeking eviction from 2 grounds of the land wherein one Somasundara Mudaliar - the father of the revision petitioners has constructed a building. The eviction was resisted by saying that the tenant has invested enormous money in constructing the building thereon. On 19.1.1977, the then tenant Somasundara Mudalir filed an application under the City Tenants Protection Act in I.A.No.15296 of 1973, which was allowed permitting him to purchase the said 2 grounds at the rate of Rs.24,000/- per ground. As no amount was deposited, he could not fetch the remedy granted by the Court. Subsequently, the temple authorities filed I.A.No.13076 of 1978 under Section 4 of the said Act to permit them to purchase the building and that was dismissed for default on 29.1.1980. When the temple authorities filed I.A.No.13171 of 1980 in order to restore the earlier application on 11.2.1980, the said Somasundara Mudaliar expired at the end of the year 1980.