MASSEYS ENTERPRISES PRIVATE LIMITED REP BY ITS MANAGING DIRECTOR RAHULNATH Vs. CHENNAI KALIKAMBAL KAMADESWARAR DEVASTHANAM REP BY ITS TRUSTEES

JUDGEMENT

(1.) The revision petitioner herein is the defendant and the respondent/Trust is the plaintiff in the suit in ES.No.9 of 1987.

(2.) The respondent is the owner of the property at New No.17 Old No.7, North Railway Terminus Road, Royapuram, Madras - 13. The respondent filed the suit for ejection under Section 41 of the Presidential Small Causes Court Act against the revision petitioner. After trial, the suit was decreed as prayed for and directed to vacate and deliver vacant possession of the suit property as statedwithin two months. Aggrieved against the said judgment and decree passed by the learned IV Judge, Small Causes Chennai, the revision petitioner preferred an appeal in CMA.No.14 of 2012 before the Chief Judge, Court of Small Causes, Chennai. After hearing both sides, the Chief Judge dismissed the civil miscellaneous appeal by confirming the judgment and decree passed by the trial Court. As against the said order, the revision petitioner is before this Court.

(3.) The case of the revision petitioner is that he is the tenant in the said property and the respondent/Trust is the owner of the property. During pendency of the ejection suit in ES.No.9 of 1987, the revision petitioner filed a petition in MP.No.415 of 1989 under Section 9 of the Tamil Nadu City Tenants Protection Act, claiming benefit under the Act stating that they are entitled for declaration and direction to the landlord to sell the property in question to them for the price to be fixed by the Court. The said petition was allowed on 28.11.1991. Against which, the respondent filed civil miscellaneous appeal in CMA.No.10 of 1992 which was allowed on 17.09.1996 on the ground that the tenant is not entitled to the benefit of Section 9 of the City Tenants Protection Act, in view of the amendment in the year 1994. The said order was not challenged by the tenant/petitioner. The suit was remitted back to the trial Court for disposal of the ejectment suit in accordance with law. The trial Court after completion of trial afresh decreed the suit as prayed for on the ground that the plaintiff/respondent is entitled for possession.