P ZAINUDDIN Vs. SATHISH KUMAR

JUDGEMENT

(1.) This intra Court Appeal is at the instance of the 4th respondent in WP No.9604 of 2015. The said Writ Petition was filed by the 1st respondent herein seeking a Writ of Mandamus, directing the respondents 2 and 3 herein to take action to demolish the subject building exercising their powers under Section 258 of the Chennai City Municipal Corporation Act, 1919.

(2.) The 1st respondent herein claims that he along with his wife had purchased the property in question, under four Registered Sale Deeds dated 01.08.2014 and 22.08.2014. The property is situated in Netaji Subash Chandra Bose Road, George Town, Chennai, having an extent of 1995 sq.ft. The same is in possession of the respondents 3 and 4 who are tenants of the vendor of the 1st respondent. After the purchase, it appears, that the 1st respondent had filed RCOP Nos.305 & 306 of 2015, against the tenants viz. the appellant herein and the 4th respondent. Even during the pendency of the said Rent Control Original Petitions, the 1st respondent had come forward with the above Writ Petition, seeking a direction to the Chennai Corporation to exercise its powers under Section 258 of the Chennai City Municipal Corporation Act, 1919, and take action to demolish the building.

(3.) The Writ Petition was resisted by the respondents particularly the tenants contending that this Writ Petition itself is a short cut method adopted by the 1st respondent, who claims to be the purchaser of the property from the erstwhile owners in the year 2014, to evict the tenants. The tenants being statutory tenants entitled to protection under the Tamil Nadu Buildings (Lease and Rent Control) Act and cannot be evicted except by following the procedure prescribed under the said Act. In fact, Section 10 of the said Act provides that no tenant of a building shall be evicted, whether in execution of a decree or otherwise except in accordance with the provisions of Section 10 or Sections 14 to 16 of the said enactment.