SAHUL HAMEED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL these writ appeals and petitions raise a common question regarding the validity of G.O. Ms. 2000 Home, date 16.8.1976 and have been heard together and are being disposed of by a common order. The said Government Order which is under challenge, has been passed by the Government in the exercise of power conferred under Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 (hereinafter referred to as the Act) exempting all the buildings owned by Hindu, Christian and Muslim religious Public Trusts and Public Charitable Trust from all the provisions of the said Act. Earlier to the said Government Order G.O. Ms. No. 1998 Home date 12.8.1974, under Section 29, (exempting all the buildings owned by the Hindu, Christian and Muslim Religious Trust and Charitable institutions from all the provisions of the said Act was passed. But, in supersession of the Government Order, the impugned Government Order was passed.

(2.) LEARNED counsel for the appellant W.A. No. 488 of 1981 states that the appellant is in occupation of premises No. 540 (new door No. 281) Triplicane High Road, Madras-5, on a monthly rent of Rs. 60/- under the second respondent, who is the chief tenant, under the third respondent. Second respondent filed H.R.C. No. 1941 of 1978 in the Court of Small Causes, Madras, for eviction on the ground of wilful default and owner's occupation. It was dismissed as withdrawn on 12.12.1978, and thereafter the second respondent filed Ejectment Suit No. 181 of 1978 in the Court of Small Causes, Madras, stating that the building was exempted from the provisions of the Act as per G.O. Ms. No. 1998 date 12.8.1974, which has been superseded by the impugned G.O. Ms. No. 2000. The suit was decreed by consent on 5.9.1980, granting 9th months' time to vacate the premises. If is at that stage he filed W.P. No. 6503 of 1981 which was dismissed, and in turn it had resulted in filing of this writ appeal.

(3.) THE relevant, sections are Section 2(2) which defines "building" as follows :