M/S. SUNDARAM CO-OPERATIVE CREDIT SOCIETIES LIMITED Vs. M/S. ASSOCIATED CLEARING & FORWARDING AGENCIES

JUDGEMENT

(1.) The plaintiff in O.S. No.2611 of 2003 on the file of II Assistant Judge, City Civil Court, Chennai, who filed the suit directing the defendants to vacate and hand over the vacant possession of the suit property and to pay future damages at the rate of Rs.50,000/- per month, is the appellant.

(2.) The plaint in brief is as follows:

(3.) Defendants 1 and 3 filed a joint written statement contending that the Tamil Nadu Buildings (Lease and Rent Control) Act is applicable to the suit premises and that the Government order referred to in the plaint is not applicable to the suit building. The plaintiff having obtained a valid order of fixing the fair rent in R.C.O.P No.1219/1996, was estopped from claiming exemption subsequently. The proceedings in R.C.O.P No.2021 of 1990 for eviction filed by the plaintiff for additional accommodation was dismissed on 06.01.1993 for default, which fact was suppressed and not stated in the plaint. The plaintiff also had filed R.C.O.P No. 3022 of 1995, which was filed for eviction on the very same ground was also dismissed for default on 20.12.1999. Yet another suit filed by the plaintiff society in O.S. No.4870 of 1997 for permanent injunction was also dismissed for default on 22.03.2001. The defendants further contended that the plaintiff is not a society contemplated under the G.O. so as to claim exemption from the purview of the act. The other allegations made in the plaint and the claim of damages of Rs.50,000/- per month were denied by the defendants. The defendants further contended that there is no cause of action to the plaintiff to file the present suit and such jurisdiction does not vest with the Civil Court and the plaintiff ought to have gone only to the Rent Controller.