FIT PERSON/EXECUTIVE OFFICER, BEING CHARGE OF AS FIT PERSON OF RENUKA PARAMESHWARI AMMAN TEMPLE, MADRAS Vs. C.K. GAJAPATHY AND OTHERS

JUDGEMENT

(1.) This appeal is against the order appointing the 2nd defendant in the suit as Receiver and directing him to deposit the rental collections in Court.

(2.) The facts necessary for the purpose of this appeal, are shortly as follows:- The 1st respondent herein has filed the suit for declaration that he is the absolute owner of the suit property and for a direction to the defendants to hand over possession of the suit property. The 1st defendant in the suit is the Commissioner, Hindu Religious & Charitable Endowments Department, Madras. The 2nd defendant is the Fit Person/Executive Officer, Renuka Parameswari Temple. Defendants 3 to 15 are occupants of different portions of the suit property as tenants. The second prayer in the suit is for injunction restraining defendants 1 and 2 from interfering with the plaintiff's possession and enjoyment. The third prayer is for appointment of Receiver to take possession of the suit property. The fourth prayer is for a direction to defendants 1 and 2 to pay a sum of Rs. 1,08,000.00 with interest thereon being the dues.

(3.) The plaintiff claims to have purchased the property in 1980 under a sale deed from its prior owner. According to the plaintiff, it is a private property and that he is entitled to be in possession. After such purchase, the plaintiff filed proceedings against the tenants for eviction under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act. There were two sets of proceedings, one, eviction under Sec. 14(1) (b) of the Act on the ground of requirement for demolition and reconstruction, and the other, on the ground of wilful default in payment of rent. He obtained eviction orders in both sets of eviction petitions and those orders are also confirmed in appeal by the Appellate Authority.