PALANISAMY MUDALIAR Vs. ARULMIGHU NAGANATHASWAMY TEMPLE

JUDGEMENT

(1.) The appellants who are the defendants 2 and 3 in the original suit filed this second appeal against judgment and decree dated 31.01.2003 made in A.S.No.70 of 2002 on the file of Additional District and Sessions Court, Tirupathur (Fast Track Court) Vellore District confirming the Decree and Judgment dated 31.03.2000 made in O.S.No.243 of 1996 on the file of Principal District Munsif Court, Ambur, Vellore District.

(2.) For the sake of convenience, the defendants 2 and 3 in the original suit are referred as appellants and the plaintiff in the suit is referred as 1st respondent and 1st defendant in the suit is referred as 2nd respondent hereafter.

(3.) The 1st respondent/plaintiff filed a suit for eviction. Briefly the case of the 1st respondent is that the suit property belongs to the 1st respondent temple and the 2nd respondent herein was a tenant under the 1st respondent and paying monthly rent of Rs.300/- and the tenancy is in oral tenancy. Since the 1st respondent temple needs the suit property for storing materials, eviction notice was issued on 08.06.1980 terminating the tenancy and calling upon the 2nd respondent to vacate and deliver the possession on 01.07.1990. The 2nd respondent received the same but neither complied with the demand or replied the same. Further, the case of the 1st respondent is that the 2nd respondent has let out the suit property to the appellants without consent or knowledge of the 1st respondent and therefore, they were impleaded as defendants 2 and 3 in the suit. It is also averred in the plaint that since the suit property belongs to the 1st respondent temple (i.e.,) Hindu Religious Trust, it is exempted from the provisions of Tamil Nadu Buildings (Lease and Rent) Control Act 1960. Hence, the suit.