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(2007) 6 MLJ 216 (BMM)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Present : P. R. Shivakumar, J.
Case Number(s) : S.A. (MD) No. 1266 of 1996 and M.P. (MD) No. 12365 of 1996
Judgement Date :
Wednesday 11th of July 2007
| A. Venkidusamy (died) and Others | .....Appellant(s) | | Versus | | | Baluswamy Chettiar Pothu Arakattalia through its Kattaliadar S. Badrinarayanan | .....Respondent(s) |
(A) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), Section 29 - Transfer of Property Act (4 of 1882), Section 106 - Trust Property - Eviction of tenant - Issuance of notice under Section 106 of the Transfer of Property Act - Contents of the trust deed make it clear that the beneficiaries of the trust are a Section of the public - Trust in question is a Public Trust - Present suit filed after dismissal of the earlier eviction petition, on the ground that the rent control Court has no jurisdiction - Now the tenant is estopped from contending that the suit is not maintainable - Termination of tenancy by issuing notice under Section 106 of the Transfer of Property Act, is valid.
(B) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960), Section 29 - Eviction of tenant from trust property - Tenant contending that the Trust has become defunct - Even assuming that the Trust has become defunct, the interest of the Public Charitable Trust shall be protected by the Court, as it is the custodian of Trust properties - Contention of the tenant rejected - Second appeal dismissed.
Ratio(s) Decidendi
I. "When the recitals of the trust deed make it explicitly clear that it is a public trust and the earlier proceedings before the Rent Control Court for eviction of tenant, was dismissed as not maintainable, on the ground that it is a trust property, the subsequent suit for ejectment after issuance of notice of termination of tenancy, under Section 106 of the Transfer of Property Act, is maintainable."
II. "Even where a public trust has become defunct, the interest of the public charitable trust shall be protected by the Court, which is the custodian of the trust properties."
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