MAHADEVA MUDALIAR Vs. BAVACHARYA SATRIYA SEVA SAMAJAM TIRUPATTUR

JUDGEMENT

(1.) The tenant who had suffered an order of eviction under section 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, at the hands of the authorities constituted under the said act, has come up with this revision under Section 25 of the said Act.

(2.) The eviction petition was filed by the landlord under Section 10(3)(a)(i) of the Act seeking eviction of Shop Premises where the respondent was carrying on business. The requirement was said to be for the purposes of the office of the petitioner Trust to keep the Pooja articles, account books and other valuables belonging to the temple. It was claimed that the petitioner Trust has established a Pandurangar Bajanai Koil and it is performing daily poojas in the said temple. It is also claimed that festivals are being conducted on certain special days. It is the further case of the petitioner trust that it has constructed a row of shops, adjacent to the Bajanai Kovil and let them out. The rental income derived there from is being utilised for the activities of the petitioner trust for performance of Poojas in the Bajanai Koil.

(3.) The respondent, tenant resisted the application contending that the petitioner being a Religious Charitable Trust, the buildings owned by it are exempt from the provisions of Tamil Nadu Buildings( Lease and Rent Control) Act as per G.O.Ms.No.2000, dated 16.08.1976. It was also claimed that the requirement is not bonafide. The very existence of the Bajanai Kovil was denied by the respondent, tenant.