KAMALAM Vs. PALPANNAICHERRY MARIYAMMAN TEMPLE

JUDGEMENT

(1.) THE order of eviction passed by the learned District Munsif, Nagapattinam in E.P.No.225 of 2004 in O.S.No.353 of 1994 is challenged by the revision petitioner/defendant.

(2.) ORIGINALLY the suit is for recovery of possession and the proceedings went on to the stage of second appeal before this Court in S.A.No.50/98, wherein, a compromise memo was filed containing different stipulations. Pursuant to the compromise, a decree was passed which would be binding on the parties. The respondent temple made an execution petition in E.P.NO. 225/2004 seeking eviction of the revision petitioner/ defendant from the petition mentioned property. The application was opposed by the revision petitioner by filing a detailed counter. After hearing both sides, the learned District Munsif, Nagapattinam, passed an order of eviction and allowed the Execution Petition. Aggrieved over the same, the revision petitioner has brought forth this revision petition before this Court.

(3.) UNDER the circumstances of the case, the Court is of the considered opinion that it would be suffice to allow the application for execution before the lower court. It is true that there was a clause stipulating the periodical revision and enhancement of rent at the rate of 10%, once in three years. The trial Court has also given a finding that as per the stipulation, the petitioner has not paid the monthly rent, according to the periodical revision. The Execution Petition has been filed on the ground that the reivison petitioner/tenant has not surrendered possession of the property in her occupation in excess of 750 sq.ft. Hence, the Court is of the considered opinion that the order of eviction ordered by the court below has got to be sustained. Accordingly, the revision is dismissed. Consequently, connected C.M.P.No.15645 of 2005 is closed.