B ATHILAKSHMI Vs. PRASANNA VINAYAGAR TEMPLE

JUDGEMENT

(1.) THIS revision petition is filed by the revision petitioners/defendants as against the order dated 9.9.2005 in M.P.No.3429 of 2002 in Ejectment suit No.23 of 2002 passed by the IV Small Causes Court, Chennai in dismissing the petition.

(2.) THE trial Court, while passing orders in MP.No.3429 of 2002 in Ejectment Suit No.23 of 2002 has inter alia opined that the revision petitioners /defendants can take all the defence in the Original Ejectment Suit at the time of trial and mere impleadment of Tamil Nadu Slum Clearance Board shall not yield any fruit in this ejectment suit and resultantly dismissed the said petition.

(3.) THE learned counsel for the petitioners also brought to the notice of this Court the Section 29 of Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 in and by which, there is a restriction on the owner of the land either executing the decree obtained earlier or instituted a suit for eviction against the occupants for a slum by applying pre condition that the owner of the slum area should get the permission of the requisite either by filing the suit or for executing the decree obtained earlier against the occupants without such permission.