DAYASADAN Vs. MADRAS PINJRAPOLE

JUDGEMENT

(1.) The Civil Revision Petition has been filed, challenging the judgment and decree dtd. 23/12/2020 passed in R.C.A.No.884 of 2006, modifying the fair and decreetal order dtd. 4/4/2006 passed in R.C.O.P.No.722 of 2005.

(2.) The revision petitioner is the tenant and he is in occupation of the petition premises, measuring about 35.58 grounds (about 6 acres). In the subject property, 15 structures as tabulated by the landlord were constructed by the tenant. The office room was constructed by the Lions Club. The cost of the construction was to be considered as a donation by the Lions Club. Item Nos.13-15 were constructed for dwelling purposes and therefore, the revision petitioner states that they are not liable to pay rent as demanded by the landlord. The revision petitioner claims that they have spent about Rs.9,08,487.75 for construction works and the income and expenditure of the revision petitioner is monitored by the Government of Tamil Nadu.

(3.) The revision petitioner Society has been in occupation of the schedule premises from the year 1954 onwards and the petitioner is a Charitable institution, commenced its functioning under the order of the Government in G.O.No.1761, Home Department dtd. 23/6/1955.