Madras High CourtCRP/1955/2018dismissed

R.Mohan v. A/M Bashyakara

2023-07-25Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.11329 of 2018 1.R.Mohan 2.R.Rajendran ... Petitioners Vs.

A/M.Bashyakara Adhi Chennai Kesava Perumal Temple Represented by its Executive Officer Administrative Office at Chennai-33.

... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against an order dated 30.03.2016 in I.A.No.22123 of 2010 in O.S.No.8820 of 2009 on the file of the learned XVI Assistant Judge, City Civil Court, Chennai. For Petitioners : Ms.Auxilia Peter For Respondent : M/s.S.Surya for M/s.A.S.Kailasam Associates 1/4

ORDER

The revision challenges an order dated 30.03.2016 in I.A.No.22123 of 2010 in O.S.No.8820 of 2009, passed by the learned XVI Assistant Judge, City Civil Court, Chennai.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondent. I have carefully gone through the records.

3. The civil revision petitioners are the defendants and the respondent is the plaintiff in O.S.No.8820 of 2009. An application that has been filed in I.A.No.22123 of 2010 is for rejection of plaint. The ground on which the petitioners seek for rejection of plaint is that the tenant is covered under the provisions of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 and therefore, a regular suit is not maintainable.

4. It is settled position of law that the said Minor Inams Act, 1963, does not bar the filing of the civil suit especially, an ejectment suit by the landlord as against the tenant. The factum of execution of the lease in the year 1936 is not disputed. The factum of issuance of notice under Section 106 of the Transfer of Property Act is also not in dispute. There are triable issues. A reading of the plaint shows that there is cause 2/4

of action. Consequently, the application for rejection of plaint is unsustainable and it has been rightly dismissed.

5. In the result, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 25.07.2023 Index:Yes/No Speaking Order :Yes/No kj To XVI Assistant Judge, City Civil Court, Chennai. 3/4

V.LAKSHMINARAYANAN,J.

Kj and C.M.P.No.11329 of 2018 25.07.2023 4/4