N GANI Vs. K P RANGANATHAN

JUDGEMENT

(1.) AGGRIEVED over the order passed by the learned Subordinate Judge, Athur, by which the revision petitioners were evicted from the tenanted premises, who were tenants inducted by the Advocate Receiver appointed by the Court pending the suit, this revision has been preferred.

(2.) ORIGINALLY, the suit was filed in O. S. No. 716 of 1973 on the file of the Sub Court, Salem, by the legal representatives of one Late Kandasamy Pillai for partition and separate possession in respect of the estate of Kandasamy Pillai. Pending the suit, an Advocate Receiver was appointed to manage the estate of late Kandasamy Pillai. The said Receiver let out various portions of the suit properties to the revision petitioners. The revision petitioners 1,8,9, 12 and 14 became tenants of portions of suit properties from some of the co-owners of the suit properties even prior to the suit.

(3.) A preliminary decree was passed in the said suit. An appeal challenging the same in AS. No:114 of 1984 before this Court came to be dismissed on 20. 12. 1994. Thereafter the suit was transferred to the Sub Court of Authur and renumbered as O. S. No:344 of 1997. In the said suit, I. A. 208 of 1997 was filed by the plaintiffs for passing of a final decree. Pending the same, the parties to the suit entered into a compromise ad pursuant to the compromise three I. As were filed. I. A. No. 371 of 2005 was filed praying to issue directions directing the Advocate Receiver to render proper accounts. I. A. No. 372 of 2005 to terminate the receivership and I. A. No:373 of 2005 was file seeking direction to the Advocate Receiver to take steps to vacate the tenants from their respective occupations. In I. A. No:374 of 2005 a compromise final decree was passed on 6. 10. 2005. The Advocate Commissioner took steps to vacate the tenants with the help of police.