P THANGASWAMY (DIED) Vs. SANDHANA VINAYAGAR DEVASTHANAM

JUDGEMENT

(1.) The sole defendant in OS.No.7956 of 1980 who suffered a decree for eviction has come forward with this Second Appeal.

(2.) Since he died pending appeal his legal representatives have been brought on record as appellants 2 to 5. The suit in OS.No.7956 of 1980 was filed by the respondent temple seeking ejectment. The tenancy as well as the termination of it are not in dispute.

(3.) The tenant/ 1st appellant resisted the suit contending that he is entitled to the benefits of Section 9 of the Tamil Nadu City Tenants Protection Act, 1921. In view of the amendment of the said Act during the pendency of the Suit, the protection afforded to the tenant of religious institutions was withdrawn, therefore the application under Section 9 filed by the appellant stood abated.