IMMACULATE HEART OF MARY SOCIETY MAYILADUTHURAI Vs. KRISHNAVENI

JUDGEMENT

(1.) THE landlord is the revision petitioner. THE revision petitioner filed R.C.O.P. for eviction of the respondents.

(2.) THE case of the petitioner/ landlord is as follows:

(3.) IT is not in dispute that Muthukrishnan was the original tenant of the petition mentioned property and that the monthly rent is Rs.210. IT is also not in dispute that the respondents are the legal representatives of the deceased Muthukrishnan. IT is admitted that the petitioner society filed the suit against Muthukrishnan in O.S. No.602 of 1987 after terminating his tenancy. In the said suit, the tenant has taken a stand that the petitioner society is not a public charitable trust and that even assuming that the petitioner society shall be deemed to be the public charitable trust, it is only a private trust and not public trust and that therefore, it is not exempted under the provisions of the Act 18 of 1960 and that the tenant has also taken a stand in the above suit that the remedy of the petitioner is only to initiate proceedings under Act 18 of 1960. On a consideration of oral and documentary evidence, the learned District Munisif, Mayiladuthurai has given a finding that the petition mentioned property was not purchased by the petitioner society and that the sale deed would show that the property was purchased by Mary's convent and that though the petitioner society is a public charitable trust the trust did not purchase the property and therefore, the petitioner cannot claim exemption under the G.O. The Court has also given a finding that as the property was purchased by the convent only petition under Act 18/60 will have to be filed. The Civil Court has also given a finding that the Vice-President of the petitioner society has no locus standi to file the suit. Ex.P-1 is the certified copy of the judgment delivered in the above suit. The above judgment will show that the Civil Court dismissed the suit on the ground that the property was not purchased by the petitioner charitable trust and that therefore, they are not entitled to claim exemption under the G.O. IT is admitted that no appeal has been filed against the said judgment and as such, it has to be held that the judgment of the Civil Court has become final. The above suit was filed by the society namely: The Immugulate Heart of Mary Society, Mayiladuthurai (A society registered under Society Registration Act) represented by its Vice-President and Assistant Mother General Rev.Mother Charles Mary. The R.C.O.P. is filed by the same Mary Society represented by its Secretary.