K.KRISHNAN Vs. COMMISSIONER,HINDU RELIGIOUS AND CHARITABLE ENDOWMENT, NUNGAMBAKKAM
LAWS(MAD)-2020-9-597
HIGH COURT OF MADRAS
Decided on September 28,2020

K.KRISHNAN Appellant
VERSUS
Commissioner,Hindu Religious And Charitable Endowment, Nungambakkam Respondents

JUDGEMENT

- (1.) These three appeals arise out of judgments dated 07.02.2020 with a common issue, whereby two properties that are in three portions were subject matter of dispute. A certain area of land that belongs to Shri Arulmighu Bhasyakara Adhi Chennakesava Perumal Temple, West Mambalam, Chennai, was rented out to the forefathers of the appellants and they had constructed a house over the said land. It is said that rent was being paid regularly, but, in the year 1978, the Temple authorities filed O.S.Nos.8574 to 8576 of 1978 for eviction and possession in the City Civil Court, Chennai.
(2.) O.S.No.8574 of 1978 was filed against one Perumal Reddiar, (who is the father of the appellants in W.A.No.864 of 2020), O.S.No.8575 of 1978 was filed against one Salammal, (who is the grand mother of the appellants in W.A.Nos.439 and 575 of 2020) and O.S.No.8575 of 1978 was filed against one Kuppusamy Reddiar (who is the father of the appellants in W.A.No.439 and 575 of 2020). In all the three suits, interlocutory applications were filed by the defendants therein under Section 9 of the City Tenants Protection Act, 1921 and the applications were allowed on condition to deposit a sum of Rs.58,070/-, Rs.81.529.50 and Rs.48,000/- respectively. It is claimed that the amounts had been deposited by the appellants. The Civil Miscellaneous Appeals filed by the Temple authorities against the orders in the interlocutory applications were stated to have been dismissed.
(3.) Thereafter, it appears that the suits were decreed for recovery of possession by the Trial Court citing a provision of the Act II of 1996, i.e., O.S.No.8574 of 1978 was decided on 30.11.2000 and O.S.Nos.8575 and 8576 of 1978 were decided separately on 28.01.2005. Two of the suits were stated to have reached finality, i.e., O.S.No.8576 of 1978 and O.S.No.8575 of 1978, and the suit in O.S.No.8574 of 1978, was remanded back to the Trial Court for fresh consideration and is stated to be still pending.;


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