SHA POOSAJI MANGILAL Vs. SOUTH INDIAN HUMANITARIAN LEAGUE

JUDGEMENT

(1.) THE respondent/landlord filed a petition in RCOP No.1745 of 2003 on the file of the Rent Controller, Chennai, under Section 4 of THE Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, seeking fixation of fair rent in respect of the building in the occupation of the petitioner/tenant. By an order dated 30.4.2004, the Rent Controller fixed the fair rent at Rs.38,693/- per month.

(2.) CONTENDING that the fair rent fixed by the Rent Controller was low, the respondent/landlord filed RCA No.812 of 2004. Similarly, the petitioner/tenant filed RCA No.1577 of 2004. Both the appeals were taken up together and by a common judgment dated 15.9.2005, the Appellate Authority dismissed the tenant's appeal and allowed the landlord's appeal enhancing the fair rent to Rs.53,190/- Aggrieved by the said decision, the tenant has come up with the present civil revision petitions.

(3.) THE respondent is admittedly registered as a Society under the Societies Registration Act, 1860. THE Certificate of Incorporation issued by the Registrar, along with the bye-laws (described as Rules and Regulations of the Society) were filed by the petitioner/tenant as Ex.R2 before the Rent Controller. This Ex.R2 shows that the Society was formed in the year 1926, under the guidance of a spiritual guru. THE aims and objects of the Society are detailed in Clause-II of the Rules and Regulations, which read as follows:- "(1) To protect all living creatures from all kinds of cruelties by all possible means. (2) To educate public opinion in favour of vegetarianism from the point of health and the highest principles of mercy and against meat eating and drink habits. (3) To draw the attention of the people towards the stoppage of animal sacrifice of all kinds whether they are sanctioned by religion, or otherwise and to appeal to the authorities to have them discontinued. (4) To distribute suitable literature relating to "Non-killing" among the people in all the provincial languages, to carry on propaganda among non-vegetarians through propagandists and to adopt such other methods as may be appropriate for the purpose. (5) To take up other questions in the interests of human welfare provided they are non-political.".