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1977 Supreme(Mad) 379

VARADARAJAN
K. Ramanujam Chettiar – Appellant
Versus
Arunachaleswarar Devastanam – Respondent


Judgement

ORDER :- These civil revision petitions arise out of the judgments and decrees of the Second Judge, Court of Small Causes, Madras passed on 25-8-1976 in Ejectment suits Nos. 285, 280, 284 and 286 of 1975.

2. The trial court ordered eviction of the petitioners in these civil revision petitions holding that their old tenancy had been terminated and no new tenancy has come into existence thereafter, that there is no waiver of notice of the termination of tenancy by acceptance of any rent and that G. O. No. M. S. 1998 Home Department, dated 12-8-1974, exempting properties belonging to temples from the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act of 1960 applies to the respondent-devastanams.

3. The learned counsel for the petitioners canvassed before me only the question of the Jurisdiction of the Small Cause Court, Madras, to entertain the ejectment suits under Sec. 41 of the Presidency Small Cause Courts Act, 1882. It may be stated at this stage that no plea of want of jurisdiction of the Small Cause Court to entertain the suits had been taken in the written pleas filed by the petitioners in the ejectment suits and that the plea of want of jurisdiction o
























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