LAW FOR ALL

Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act - exemption G.O. - waiver - res judicata - Society purchased a Building - and filed an eviction suit under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and the same was dismissed for default - As per sec.29 there is a Go exempting the building of Societies from Rent control proceedings - As per the G.O. , suit for eviction and damages was filed - objection as to maintainability on the ground of Waiver and on the ground of Res judicata - Lower court decreed the suit - appellant court set aside the order of Lower court and dismissed the suit - their Lordships of High court held that Wavier does not arise against Statutory remedies - nor consent confer jurisdiction over the court- and held that res judicata not arise when the rent controller has no jurisdiction over the case as per G.O. - and as such set aside the order of appellant court and confirm the orders of lower court by allowing second appeal