Under the Tamil Nadu City Tenants Protection Act, a tenant’s application for property rights must be filed within one month of receiving summons, failure to establish a landlord-tenant relationship or condonation of delay leads to dismissal of claims.

ORDER :

N. SENTHILKUMAR, J.

Both the Civil Revision Petitions have been filed by the Registrar of Alagappa University, Sivagangai, who is the plaintiff in O.S.Nos.143 and 145 of 2009 on the file of the District Munsif-cum-Judicial Magistrate Court, Karaikudi, as against the order, dated 06.02.2016, made in C.M.A.Nos.9 and 10 of 2014 on the file of the Subordinate Court, Devakottai, and are therefore taken up for hearing and decided together.

2. The case of the Revision Petitioner is that the suit property originally belonged to Dr.Alagappa Chettiar Education Trust, Karaikudi and the same was transferred as gift to the Government of Tamil Nadu for the purpose of establishing a University. Subsequently, the Government of Tamil Nadu transferred the properties including the suit property to Alagappa University by way of grant vide G.O.Ms.No.761, dated 03.06.1986.

3. As the respondents herein had trespassed into the suit property and put up superstructures, the Revision Petitioner herein originally filed suits in O.S.Nos.37 and 38 of 2003 for the relief of recovery of possession among other reliefs. The said suits as well as the first appeal ended in favour of the Revision Petitioner. In the Second Appeals filed by the respondents herein, this Court has allowed the Second Appeals on the ground that without complying with the mandatory provisions under the TAMIL NADU CITY TENANTS PROTECTION ACT , 1921 (hereinafter referred to as “the Act”), the suits were not maintainable and liberty was given to the Revision Petitioner to file afresh by following the mandatory provisions under the Act.

4. Subsequently, the Revision Petitioner, as plaintiff, filed the suits in O.S.No.143 and 145 of 2009 on the file of the District Munsif-cum-Judicial Magistrate Court, Karaikudi. During the pendency of the suits, the respondents herein filed interlocutory applications under Section 9 of the the TAMIL NADU CITY TENANTS PROTECTION ACT , 1921, for a direction to sell the suit property to them. The learned trial Judge by order dated 26.09.2013, observed that for maintaining the application filed under Section 9 of the Act, the respondent herein/the applicant has to satisfy that:

(a) the applicant must be in possession and enjoyment of the suit property as a tenant;

(b) the applicant must have constructed the superstructure over the suit property;

(c) the owner of the land must have filed a suit for eviction; and

(d) the applicant must have filed a petition under Section 9 of the Act within a period of one month from the date of receipt of suit notice.

5. While deciding the first issue, the trial Court had considered the suit filed by the University in O.S.Nos.37 and 38 of 2003 and concluded that the respondents herein have been identified as tenants. While deciding the second issue, though no document was filed to sustain that they have constructed the building and put up superstructures, the sworn affidavits filed by them, had contentions that a Mangalorean tiled house, a tea shop apart, an asbestos sheet-car shed along with a Well and an overhead tank had been constructed. While deciding the third issue, the trial Court had considered the fact that the petitioner herein filed suits in O.S.No.143 of 2009 and O.S.No.145 of 2009 for recovery of possession. While deciding the fourth issue, the trial Court had come to the conclusion that the suit was filed on 25.11.2009 and summons were served on the individual on 13.12.2009. As per Section 9 of the Act, an application has to be filed within a period of 30 days. The