V. SELVARAJ Vs. VARIAKANNU THEVAR (DECEASED) AND ORS.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 16.04.2015 made in I.A.No.16949 of 2014 in O.S.No.3358 of 2001 on the file of the VII Assistant City Civil Court, Chennai.

(2.) The petitioner is third defendant, respondents 1 to 10 are the defendants 5 to 14, respondents 11 to 13 are the plaintiffs and respondents 14 and 15 are the defendants 1 and 2 in O.S.No.3358 of 2001 on the file of the VII Assistant City Civil Court, Chennai. The respondents 11 to 13 filed the said suit for a direction to the petitioner and respondents 1 to 10 to handover the vacant possession of the lands in their possession to the respondents 11 to 13.

(3.) The petitioner filed I.A.No.14502 of 2012 under Section 9 of the Tamil Nadu City Tenants Protection Act. The said application was taken up along with other three I.A.Nos.14499 to 14501 of 2001 filed by the respondents 14, 15 and the deceased Vairakkannuthevar, who is the 4th defendant in the suit. The learned Judge by common order dated 12.10.2004, held that the petitioner and other tenants are entitled to benefits under the Tamil Nadu City Tenants Protection Act and fixed the market value at Rs. 690/- per sq.ft. in respect of the portions under the occupation of the respective tenants and they were directed to pay the amount so fixed without interest in ten equal quarterly instalments commencing from 1.1.2005. The value of the land measuring 869 sq.ft. in possession of the petitioner was fixed at Rs. 5,79,480/-. The petitioner challenged the said order by filing C.M.A.No.149 of 2005. The said C.M.A. was dismissed on 18.03.2008. Against the said judgment, the petitioner filed C.R.P.No.970 of 2009 before this Court. This Court by order dated 29.09.2009 remitted the C.M.A. to III Additional City Civil Court, Chennai. The said C.M.A. was restored and argued by both the parties.