P BALAKRISHNAN Vs. KAILASAMMAL

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the order passed by the learned XIV Judge, Small Causes Court, Chennai, in M.P.No.271 of 2004 in R.C.O.P.No.1242 of 2003, in and by which, the petition filed by the petitioner herein under Section 151 of the Code Civil Procedure read with Sections 29 and 65 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, (hereinafter to referred to as the Slum Areas Act) to decide the maintainability of the rent control petition and the jurisdiction of the Small Causes Court to adjudicate as a preliminary issue, was dismissed.

(2.) The facts in brief are as follows:

(3.) The petitioner herein countered the statement of the respondents by contending that the land in question belonged to the Tamil Nadu Slum Clearance Board and he was allotted land by order dated 12.05.1999 after paying necessary charges and he had constructed the building upon the land and the house property tax and electricity connection also stood in his name. The petitioner herein contended that the respondents have come forward with the false case. The petitioner herein further contended that he is the absolute owner of the land and therefore, there is no question of the respondents being the landlord and the rent control petition is liable to be dismissed.