N SREEDHARAN NAIR ANGALAMMAN KOIL STREET CHOOLAI MADRAS 112 Vs. MOTTAIPATTI CHINNA PALLIVASAL MUSLIM JAMATH VIRUDHUNAGAR

JUDGEMENT

(1.) IN all these writ petitions the validity of the Madras City Tenants" Protection (Amendment) Act, 1994 (hereinafter referred to as Act 2 of 1996) whereunder Clause (f) was added to the first proviso to sub-section (3) of Section 1 of the Madras City Tenants" Protection Act, 1921 (hereinafter referred to as Act 3 of 1922) is being challenged. Under the said Amendment Act 2 of 1996 the properties owned by the religious institutions are exempted from the purview of the Act 3 of 1922.

(2.) IN all these writ petitions, the petitioners are the tenants in respect of the property belonging to various religious institutions. The Division Bench referred these cases by their order dated 15.10.1996 to a larger Bench, as a doubt is raised as to whether the earlier judgment of the Division Bench in the case of Varadaraja Pillai v. Salem Municipal Council, 1972 (85) L.W 760 dealt with the right of the tenants under Section 9 of the main Act 3 of 1922 alone or also dealt with the right of the tenants under Section 3 of the said Act 3 of 1922.

(3.) NOW by virtue of the amendment introduced to the main Act through Tamil Nadu Act 2 of 1996, the properties owned by the religious institutions were exempted from the purview of the Act. The petitioners filed these writ petitions challenging the constitutional validity of the said Act.