V SUNDARAM Vs. ARULMIGHU SUNDARAVARADARAJA PERUMAL DEVASTHANAM

JUDGEMENT

(1.) S.A.No.1452 of 2004

(2.) The suits have come to be laid by Arulmighu Sundaravaradaraja Perumal Devasthanam, Virugambakkam, in respect of the suit lands contending that the suit lands belong to the plaintiff's Devasthanam and some of the defendants have been inducted as lessees and most of the defendants have encroached upon certain portions of the suit lands and in order to avoid litigation, the plaintiff's Devasthanam had been permitting them to occupy the suit lands by collecting fixed rent monthly wise for the use of the occupation the portion intruded by them and on account of the encroachment made by the defendants and their occupation, the worshippers of the plaintiff's deity are put to hardship and also the defendants continue to extend their encroachment and unauthorisedly putting up construction/superstructure in the portion occupied by them and accordingly, as the suit lands are required for the plaintiff's Devasthanam for enabling the worshippers to offer prayers to the deity and also for taking the deity in procession, accordingly, demanding the vacant possession of the suit lands, the plaintiff issued notice to the defendants and as the same had been repudiated by the defendants by issuing replies containing false allegations, according to the plaintiff's Devasthanam, it had been necessitated to lay the suits for appropriate reliefs.

(3.) The defendants claiming that they are the lessees of the plaintiff's Devasthanam and accordingly, they had put up the structure with the knowledge of the plaintiff's Devasthanam and there is no encroachment as alleged and no further construction has been put up by the defendants causing any hindrance to the worshippers and for the deity being taken in procession and the defendants and their ancestors had been in the possession and enjoyment of the suit lands and entitled to the benefits of Section 9 of the City Tenant Protection Act and further, according to the defendants, the suit lands had been taken over from the plaintiff's Devasthanam by the Tamil Nadu Slum Clearance Board and accordingly, the Tamil Nadu Slum Clearance Board had plotted the lands and the defendants were allotted the said plots and hence, contended that the suits laid by the plaintiff's Devasthanam are not maintainable and the suits are liable to be dismissed.