P DHARMARAJAN, MANAGING TRUSTEE, ANANDA SAMUDHRA GRAM BRAHMANA SAMUDHAYAM AND ITS MEMBERS Vs. VANAJAKSHY; P HARIKESAVAN; P SABAREESH; SARAVANAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against order dated 28.1.2009 passed in EA. No. 23/2008 in EP. No. 52/2005 in RCOP. No. 18/2002 by the learned I Additional District Munsif, Nagercoil.

(2.) The petitioner is the Managing Trustee of the Ananda Samudhra Grama Brahmana Samudhayam, Nagercoil. According to the petitioner, the respondents 1 to 3 are the tenants, who had initiated rent control proceedings against the 4th respondent, who is claimed to be the sub tenant under them for eviction.

(3.) It is the case of the petitioner that the petitioner Samudhayam had granted ground lease to the third parties, who have raised construction on the land so leased. A lease deed is said to have been executed by the original lessee Hariharan Potri with the petitioner Samudhayam on 25.10.1962 and the said lead did not authorise the lessee to put up any construction. The said Hariharan Potri died in the year 1968 and after his demise, the lease hold right is said to have devolved on his children, but no separate lease deed had been executed with the petitioner.