M GOPAL Vs. T SOMASUNDARAM

JUDGEMENT

(1.) THESE Civil Revision Petitions are directed against the orders dated 01. 02. 2006 made in E. A. Nos. 59 and 57 of 2005 in E. P. Nos. 209 and 208 of 2004 in O. S. Nos. 83 and 82 of 1987 by the District Munsif, Arni, allowing the Applications to implead the legal representatives of Deceased First Plaintiff A. K. S. Thiyagarajan. Legal Representatives of Deceased/judgment Debtor are the Revision Petitioners.

(2.) FACTUAL background in nutshell is as follows:- The Property in Door Nos. 235 and 236, Gandhi Market Road, Arni Town, Tiruvannamalai District belongs to (1) A. K. S. Thiyagarajan, (2)A. K. S. Jagatheesan, (3)A. K. S. Bala-sundaram and (4) A. K. S. Azhagesan. All of them, as joint owners of the property, let out the property to the Defendant - Gopal. The said properties are non-residential buildings and the Judgment Debtor was the Tenant. Eviction was sought for and Notice was issued on 24. 11. 1985 terminating the tenancy. Since the buildings were exempted from the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, Civil Suits were filed in O. S. Nos. 82 and 83 of 1987 before Sub-Court, Arni against the Judgment Debtor/tenant Gopal for recovery of possession of the properties. The Suits were decreed on 28. 09. 1989.

(3.) AS against the Judgment and Decree, the Tenant Gopal has filed Appeals in A. S. Nos. 180 and 181 of 1989 on the file of Additional District Court, Vellore. By Judgment and Decree dated 28. 02. 1990, the Appeals were allowed. Aggrieved by the same, the Plaintiffs/landlords filed Second Appeals in S. A. Nos. 1196 and 1197 of 1990 before High Court, Madras, which were allowed on 05. 11. 2001. The Plaintiffs/landlords were granted decree for recovery of possession.