D FRANCIS PAUL Vs. NILGIRIS DIOCESAN SOCIETY

JUDGEMENT

(1.) THE defendant is the appellant.

(2.) THE respondent/plaintiff filed a suit for eviction of the appellant from the suit property. The respondent / plaintiff is a Public Religious and Charitable Trust and it is the owner of the suit property. The suit property was let out to the appellant/defendant, on a monthly rent of Rs.80/- p.m. The defendant, who had failed to pay the rent from February 1998 had sent a banker's cheque for Rs.7,600/- along with a notice dated 27.12.2005, being the rent from February 1998 till December 2005. The respondent / plaintiff sent a reply denying various statements made in the notice dated 27.12.2005 issued by the appellant / defendant and also terminated the tenancy with the expiry of 28.02.2006 and thereafter filed a suit for eviction.

(3.) BOTH the Courts have concurrently held that the respondent / plaintiff is a Public Religious and Charitable Trust and therefore, the provisions of the Tamil Nadu Buildings (lease and rent control) Act 1960 would not be applicable to it and therefore, the appellant / defendant is liable to be evicted.