THE DIRECTOR, FRANCIS J. PALLAN & OTHERS Vs. HAJI ABDULLA HAJI ADAM SAIT CHARITABLE ENDOWMENT & OTHERS

JUDGEMENT

(1.) These two appeals are filed challenging the concurrent findings by the courts below that the appellants are liable to be evicted, from the tenanted premises. Suits were laid after issuing notices under Section 106 of the Transfer of Property Act, 1882 (in short, the T.P.Act). Appellants are defendants 1 and 3 in both the suits. O.S.No.747 of 2011, on the file of the Court of Subordinate Judge, Ernakulam, is in respect of eviction from the ground floor of a building and O.S.No.748 of 2011 is in respect of the first floor.

(2.) Relevant contentions, borne out from the pleadings, are as follows:

(3.) The appellants raised following contentions in their written statement: Plaintiff is a Waqf and the plaintiff is owner of the buildings. The plaint schedule property is eligible for any exemption from the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, the BRC Act). Since the activities of the plaintiff does include public charity, by no means, it can be treated to be outside the purview of the provisions of the BRC Act. As the plaintiff is a properly constituted Waqf, the provisions of the Waqf Act, 1954 or 1995 are inapplicable in this case.