V.S. VENKATARAMAN Vs. IRENE, PRINCESS OF GREECE

JUDGEMENT

(1.) THIS civil revision has been filed against the fair and decretal order dated 25.3.1996 made in RCA No. 929 of 1993 by the VIII Judge, Small Causes Court, Madras, thereby confirming the fair and decretal order dated 10.2.1993 made in RCOP No. 2659 of 1991 by the XVI Judge, Small Causes Court, Madras.

(2.) THE rent control original proceeding has been instituted by the landlords, the Trutees of one Sankara Vihar Trust, under Sections 10(2)(ii)(a), 10(2)(ii)(b) and 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act pleading thereby that the petitioners are the trustees of the private trust created by Dr. T.M.P. Mahadevan on 26.5.1965 for propagating the Advaita Philosophy according to the School of Shri Sankara; that the petitioners are conducting Sankara Jayanthi, Vedanta classes, poojas, rites and ceremonies in the first floor of the said premises; that the respondent is a tenant is respect of the ground floor of the said property on a monthly rent of Rs. 2000/- and the tenancy was only for a residential purpose thus from the year 1979; that the respondent is a permanent resident of England and is visiting India once in two years for a short while, that she is not occupying the premises but the same has been subject (sublet ?) to third parties; that the sub-tenants are creating nuisance in the premises and are misbehaving with the devotees who attend to the classes besides subjecting them to inconveniences and hardships.

(3.) IN the counter filed on behalf of the respondent, generally denying the allegations as put forth in the petition as false, it would specifically be submitted that one Dr. T.M.P. Mahadevan, a Professor of Philosophy who propagated Advaita Philosophy according to the School of Sri Sankara also had published several books on that subject; that he has been conducting religious discourses and meetings on the first floor of premises No. 10, Sankara Vihar, Medavakkam Tank Road, Madras-12 who was a Trustee according to the Trust deed dated 26.6.1965; that after his death, the petitioners were conducting the poojas and ceremonies such as Sankara Jayanthi, in the first floor and with occasional lectures; that the respondent is a Princess of Greece with Spanish Diplomatic Passport and having impressed upon the teachings of late Mahadevan, she became his disciple and came to India in 1963 as a result of which, it was the said Mahadevan who vacated the ground floor portion and accommodated the respondent therein on a monthly rent of Rs. 200/- from 1978; that after his demise, the respondent has been paying the rent to the petitioners.