LAWS(MAD)-2024-12-6

PRESENT REGISTRAR IN-CHARGE Vs. R.M. SUBRAMANIAN

Decided On December 03, 2024
Present Registrar In-Charge Appellant
V/S
R.M. Subramanian Respondents

JUDGEMENT

(1.) Both the Civil Revision Petitions have been filed by the Registrar of Alagappa University, Sivagangai, who is the Plaintiff in O.S. Nos.143 & 145 of 2009 on the file of the District Munsif-cum-Judicial Magistrate Court, Karaikudi, as against the Order, dtd. 6/2/2016, made in C.M.A. Nos.9 & 10 of 2014 on the file of the Subordinate Court, Devakottai, and are, therefore, taken up for hearing and decided together.

(2.) The case of the Revision Petitioner is that the Suit property originally belonged to Dr. Alagappa Chettiar Education Trust, Karaikudi and the same was transferred as gift to the Government of Tamil Nadu for the purpose of establishing a University. Subsequently, the Government of Tamil Nadu transferred the properties including the Suit property to Alagappa University by way of grant vide G.O.Ms. No.761, dtd. 3/6/1986.

(3.) As the Respondents herein had trespassed into the Suit property and put up superstructures, the Revision Petitioner herein originally filed Suits in O.S. Nos.37 & 38 of 2003 for the relief of recovery of possession among other reliefs. The said Suits as well as the First Appeal ended in favour of the Revision Petitioner. In the Second Appeals filed by the Respondents herein, this Court has allowed the Second Appeals on the ground that without complying with the mandatory provisions under the Tamil Nadu City Tenants' Protection Act, 1921 (hereinafter referred to as "the Act"), the Suits were not maintainable and liberty was given to the Revision Petitioner to file afresh by following the mandatory provisions under the Act.