SAMPATH Vs. S.N. SUNDARAM

JUDGEMENT

(1.) This Civil Revision Petition filed under Article 227 of the Constitution of India is directed against the order dated 12.11.2007 in C.M.A.No.24 of 2007 on the file of the VII Additional City Civil Court, Chennai, reversing the order dated 12.11.2003, in I.A.No.8107 of 1989 in O.S.No.2878 of 1984 on the file of the VI Assistant City Civil Court, Chennai.

(2.) The defendants 3 & 4 are the petitioners and the respondents 1 to 4 are the plaintiffs. The plaintiffs filed the Suit in O.S.No.2878 of 1984 for declaring that the defendants are the tenants under the plaintiffs, to direct them to deliver vacant possession of the property more fully described in schedule B after removing the superstructure, pay arrears of rent and damages for wrongful use and occupation.

(3.) The defendants filed an Application in I.A.No.8107 of 1989 under section 9 of the Madras City Tenants Protection Act, 1955, (in short 'the Act') to appoint an Advocate Commissioner to ascertain the land required for the defendants convenient enjoyment and to fix the market value of the said land as per the provisions of section 9 of the Act. In the affidavit filed in support of the petition, the defendants stated certain details regarding the title to the property and submitted that their defence in the Suit is that the property is an endowed property of Arulmighu Sandana Vinayagar Thirukoil, Thoppetai, and not the joint family property of the plaintiffs as claimed by them. But, inasmuch as the plaintiffs are also the Trustees of the said temple without prejudice to their defence, they are willing to purchase the suit land on a price to be fixed by the Court as per the provisions of Section 9 of the Act.