T NALINI Vs. SRI SAI BABA BAKTHA SAMAJAM

JUDGEMENT

(1.) COMMON Judgment second Appeals are directed against common Judgment in A. S. Nos. 531 and 532/2004 reversing the Judgment of the trial court /xiii Assistant Judge, City Civil Court, Chennai in O. S. No. 9044/1996 and O. S. No. 4720/1993 dismissing the suit filed by Appellants for permanent injunction and decreeing the suit filed by Plaintiff-Samajam for declaration that Plaintiff Samajam is the lessee and for recovery of possession.

(2.) SINCE both the Second Appeals arise out of common Judgment and involve common questions, both Second Appeals were taken up together and shall stand disposed by this Common Judgment. For convenience, parties are referred as per their array in O. S. No. 9044/1996.

(3.) PROPERTY in dispute was the subject matter of several rounds of litigation. Briefly stated factual background which gave rise to the Second Appeals are as follows:-The subject matter of dispute is T. S. No. 10/2, West Club Road measuring 3600 sq. ft. One Purushothaman was a tenant in the pump room for a period of one year from 10. 01. 1956 on a rent of Rs. 5/- per month subject to the usual condition of lease under the Corporation. The said Purushothaman had encroached a part of the land leased out to the Plaintiff-Sri Sai Baba Baktha Samajam (herein after referred as Plaintiff-Samajam ). Corporation of Chennai served notice under Sec. 220 of Madras City Municipal Corporation Act (for short MCMC Act) to the encroacher Purushothaman which was challenged by the said Purushothaman in O. S. No. 608/1973. In O. S. No. 608/1973, Purushothaman has sought for permanent injunction against the Corporation restraining it from enforcing notice dated 22. 01. 1973. Court dismissed the suit O. S. No. 608/1973 filed by the said Purushothaman with an observation stating that notice issued under Sec. 220 of MCMC Act is invalid. Thereafter, eviction notice was served upon to Purushothaman and encroachment had been removed on 19. 09. 1975. 1st Defendant-Corporation leased out the property to the Plaintiff-Samajam from 01. 03. 1976 for a period of 30 years as per resolution No. 1093/1972 dated 18. 10. 1972 and the possession of the land marked as 'c' in Ex. A-4.