MOTHI SAMPOORNAMMAI TRUST Vs. MOHAMMED HANIF

JUDGEMENT

(1.) THE tenant is the petitioner. He has suffered an order of eviction at the hands of the appellate authority though he was successful before the Rent Controller. THE respondents have filed the petition for eviction under Secs. 10 (2) (i) and 10 (3) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act (hereinafter referred to as'the Act') for wilful default in payment of rent and for own occupation for the business of the respondents. THE ground of wilful default is no longer in issue before me. THE courts below have found against the landlords on that issue.

(2.) AS regards the requirement for own occupation, the case of the petitioner is that he is running a typewriting as well as a commercial institute recognised by the Government and under the provisions of sec. l0 (4) (ii) of the Act the petition for eviction is not maintainable. The appellate authority has rejected the said contention of the tenant on the ground that the document produced by it, viz. , Ex. B-1 to prove the recognition granted by the Government is an incomplete one and no reliance can be placed thereon. The appellate authority has rejected the material evidence adduced on the side of the petitioner and held that the petitioner has not proved its entitlement to the benefits of Sec. l0 (4) (ii) of the Act. No doubt, the appellate authority has also observed that the typewriting institute is not an'educational institution'within the meaning of the section. That view is clearly erroneous in the context in which the expression'educational institution'appears in the section. It will certainly include a typewriting institute as well as commercial institute.

(3.) MY attention is also drawn to the judgment of the andhra Pradesh High Court in Secretary, Local Library Authority v. P. Govinda reddy. 1977 All India Rent Control Journal 239. It is held in that case the word'education'is of wide amplitude and takes in its fold not only the traditional type of education of arts or sciences, but the term includes education of every kind. In that case the court held that a library where self directed education is imparted to all those who seek such education voluntarily is an'educational institution'within the meaning of sec. 10 (4) (ii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Act which is similar to the Tamil Nadu Act.