RADHA BAI Vs. GANGATHEESWARAR DEVASTHANAM

JUDGEMENT

(1.) THE petitioner claims to be the tenant of the respondent devasthanam, filed an application under Sec. 9 of the City Tenants Protection act. THE trial court and the lower appellate court have dismissed the application filed under Sec. 9 of the City Tenants Protection Act and also the appeal filed by the tenant. THE tenant has now preferred the above revision against the judgment and decree dated 19. 8. 1989 of the IVth Additional City Civil Court , Madras, in C. M. A. No. 144 of 1988.

(2.) DURING the pendency of the above revision Act 2 of 1996 was enacted by the Legislative Assembly of the State of Tamil Nadu called the Madras City Tenants' Protection (Amendment)Act, 1994, which came into force at once. Sec. 1 of the Tamil Nadu Act III of 1922 was amended (hereinafter referred to as the principal Act ). In sub-sec. (3), in the first proviso, after clause (e), the following clause was added, namely: ' (f)by any religious institution or religious charity belonging to Hindu, Muslim, christian or other religion. Explanation: For the purpose of this clause- (A) religious institution' means any- (i) temple (ii) math (iii) Mosque (iv) church or (v) other place by whatever name known, which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship"