PRADEEP Vs. VIJAYAKUMAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondents. The petitioners are aggrieved by the rejection of an application filed under Section 113 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC", for brevity),

(2.) The background to the case is as follows:-

(3.) It is in the face of these provisions, that the petitioners had raised an issue that the said provisions are contradictory to each other, in that, sub- section(2) prescribes that the Act shall not apply to the property of a charitable trust, whereas there is provision for eviction of tenant by a Trustee of a Public Charitable Trust. IT is contended that since the respondents are claiming as Trustees of a trust property and are seeking eviction, unless the anomaly is answered, the suit will either have to be dismissed or as the 1999 Act does appear to apply to the suit property, it requires to be explained. In this background, the petitioners had filed an application in IA.IV in the appeal raising this issue. The Appellate Court had held that there is no ground made out for reference of the matter to this Court under Section 113 of the CPC, in view of the categorical tenor of Section 2 (2) (ii) of the 1999 Act. IT is that which is sought to be questioned before this Court.