JESULT MADURAI PROVINCE, DINDIGUL Vs. BASKY TRUST HOSPITALS

JUDGEMENT

(1.) This Second Appeal is filed by the plaintiff in the suit to set aside the Judgment and Decree dtd. 3/11/2014 passed in A.S.No.14 of 2010 on the file of the VI Additional District and Sessions Court, Madurai, reversing the Judgment and Decree dtd. 30/1/2010 passed in O.S.No.940 of 1999 on the file of the II Additional Sub Court, Madurai.

(2.) The plaintiff in the suit is the appellant herein and the defendant in the suit is the respondent herein. For the sake of convenience, the parties shall be referred to as plaintiff and defendant as per the ranking in the suit.

(3.) The plaintiff had filed a suit in O.S.No.940 of 1999 inter alia praying for direction to the defendant to deliver the possession of the suit property within a stipulated time and to pay damages for all these years. The brief facts are that the plaintiff is a Public Religious and Charitable Institution functioning in the name and style of Jesult Madurai Province having its head office at Dindigul and also having properties in an around Madurai. The suit property belongs to the plaintiff's institution and the same was rented to the defendant for running a hospital namely Basky Trust Hospitals from 1/6/1998 for the monthly rent of Rs.12,000.00 on or before 2nd day of succeeding English Calendar month and paid advance of Rs.50,000.00 which is refundable at the time of vacating the premises. Periodically the rent was increased and at the time of filing the suit, the rent was Rs.21,600.00. The plaintiff is not a private institution but public institution relating to charitable works and the beneficiaries in numerous on numbers. The plaintiff is in need of the suit property to the welfare of the students who are studying in People College, Madurai and now temporarily functioning in I.T.I. Campus. Though the defendant has promised to vacate the suit property has failed to do the same. Hence, the plaintiff has issued a notice dtd. 15/7/1999 to the defendant demanding to vacate the suit property and surrender the same on or before 1/8/1999. After receiving the said legal notice, the defendant has issued a reply notice, dtd. 31/7/1999 stating that the plaintiff is not a public institution and is not protected under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and also raised various other false allegations. Hence, the plaintiff had filed the suit to deliver the possession of the suit property and damages.