J AMEER HUMZA Vs. C SRINIVASAN

JUDGEMENT

(1.) AMEER Humza, the petitioner is said to be the tenant in the premises bearing door No. 8/1, V. O. C. Nagar II Street, Chennai-102, the owner of which is one Srinivasan, 1strespondent. As per order dated 11. 03. 2005 issued by the Tahsildar-cum-Executive Magistrate, Perambur, Purasaiwalkam Taluk, Chennai under section 145 of Criminal Procedure Code, both were forbidden from entering into the said premises; that order was based upon the report made by 2ndrespondent-Inspector of Police, K-4 Police Station, Anna Nagar, Chennai, who has registered a case in Crime No. 695 of 2005 under section 145 of Criminal Procedure Code at the instance of 1strespondent Srinivasan.

(2.) COUNSEL for 1strespondent produced the copy of sale deed dated 02. 11. 1992 by Tamil Nadu Housing Board in favour of 1strespondent's mother, who in turn, gifted the property on 14. 12. 1992 to the 1strespondent by virtue of a settlement deed. There were two complaints made by Srinivasan, 1strespondent to K-4 Police Station, one dated 06. 03. 2005 and another on 08. 03. 2005 contending that the petitioner is trying to encroach upon the property and preventing the 1strespondent from entering into the said property. It was further submitted that the petitioner was trying to put a hut upon the said property.

(3.) PER contra, counsel for the petitioner submitted that the 1strespondent filed a petition in RCOP No. 1768 of 1994 on the file of X Small Causes Court, Chennai under section 10 (3) (c) of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amended by Act 23 of 1973 against this petitioner for eviction in respect of the said premises bearing door No. 8, V. O. C. Nagar, 2ndstreet, Chennai-102 mentioning the tenancy portion 15' x 10' sq. ft. in the abovesaid premises. It was dismissed on 16. 10. 1997.