VENKITACHALAM Vs. V SUBRAMANIA PILLAI

JUDGEMENT

(1.) THE criminal revision case is against the order of the Sub Divisional Judicial Magistrate, Usilampatty dismissing the petition in C. M. P. No. 270 of 1974 in so far as the respondent herein is concerned,

(2.) ONE Venkitachalam, petitioner herein, as trustee of Sri Alagarasamy Madam, Allinagaram village, Periakulam Taluk and in pursuance of the certificate issued to him by the Deputy Commissioner, H. R, and C. E. (Administration) Department, Madurai Under Section 101 of the H. R. and C. E. Act, has filed the said C. M. P. No. 270 of 1974 in the court of Sub- Divisional Magistrate, Usilampatty for directing the respondents 1 to 10 to deliver the temple properties mentioned in the schedule attached to the petition. The first respondent is reported to have expired. Except the 6th respondent the other respondents have filed petition stating that they have no objection for the petition being allowed. The 6tti respondent alone has filed a counter stating that he is a bona fide tenant having derived tenancy lawfully from the previous trustees and that his claim to remain in possession is made in all good faith. He would further contend that he is a tenant from the year 1953 onwards as per the Madras Buildings (Lease and Rent Control) Act, 1960 and that he cannot be ordered to be evicted except under the provisions of the Madras Bulidings (Lease and Rent Control) Act, 1960.

(3.) THE learned Sub-Divisional Magistrate, after going through the evidence adduced in this case, held that the claim of the 6th respondent to be in possession on his own account is in good faith and dismissed the petition as against the 6th respondent.