S T DANIEL Vs. Y DAVIDSON

JUDGEMENT

(1.) The question of law that arises for decision in the second appeal is whether G.O.Ms. No. 2000, Home, dated 16-8-1976, by which the State of Tamil Nadu had exempted the buildings owned by the Hindu, Christian and Muslim religious public trusts and public charitable trusts from the operation of the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960, is applicable to a case where the tenant of a property of a religious institution had filed a suit against his sub-tenant for delivery of possession. In the present case, the respondent who was a tenant in respect of the suit premises belonging to the Home Church. Nagarcoil, filed the suit, O.S. 527 of 1984 on the file of the Principal District Munsif of Padmanabhapuram for recovery of possession and arrears of rent. In the plaint it is alleged that since the suit property is the property of the Church, the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act do not apply. The appellant, herein, the sub-tenant, raised several contentions, one of which is that the Rent Control Act is applicable to the present case and the suit as not maintainable, but he did not specifically raise the plea that the suit is barred by virtue of the provisions contained in the Rent Control Act. The learned District Munsif passed a decree for possession against which an appeal was filed in AS 35 of 1985 on the file of the learned Subordinate Judge of Padmanabhapuram and the learned Subordinate Judge also concurred with the findings of the trial Court and dismissed the appeal.

(2.) In this second appeal, Mr. R. Alagar, learned counsel for the appellant raised a point of law that G.O.Ms. No. 2000, Home dated 16-8-1976 is not applicable to the present case, since the suit is filed, not by the religious institution, but by a tenant under the religious institution. No other point is urged in the second appeal.

(3.) In support of his contention, Mr. Alagar relied upon a decision of a Bench of this Court reported in Globe Theatres Ltd. v. State of Madras, (1961) 1 Mad LJ 85 at p. 86, wherein, this Court, while considering the effect of an exemption granted by the State Government under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act observed as follows :-