J NAZEER HUSSAIN AND ORS Vs. CHAN MASTHAN QULIA DURGA AND MOSQUE BY ITS SECRETARY, H RAHMUDEEN AND G D SHEIK DAWOOD

JUDGEMENT

(1.) The petitioners are defendants in O.S. No. 903 of 1990, on the file of the District Munsif Court, Tiruchirappalli. The suit has been laid by the respondents for recovery of possession of the suit property and also for mesne profits. Pending trial of the suit, these petitioners filed an application under Order 26 Rule 9 of Civil Procedure code, for appointment of an Advocate Commissioner to inspect the suit property along with a qualified Engineer and to file a report with regard to the value of the superstructures raised by these defendants in the suit property.

(2.) The petition was resisted by the respondents by stating that the petitioners are not entitled to the provisions of the The Tamil Nadu City Tenants Protection Act, 1921 (in short called as "Act") and therefore the earlier attempt was already thwarted by the court and hence now they are percluded from invoking the Provisions of the Act.

(3.) The learned Subordinate Judge, Tiruchy dismissed the application by stating that inasmuch as the petition filed by these petitioners under Section 9 of the Act was filed with an application to condone the delay of 3102 days in filing such an application and the same was dismissed by the Court and that there had been neither appeal nor revsion, but the present petition with an identical relief is not at all sustainable.