(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
Senathi NA. Venkitasalapathi Ayyer & Sons Private Trust Rep. Through S.L. Sivaji, Recent Manager Trustee _________ Appellant(s)
v.
Indhumathi & Anr. _____________________________ Respondent(s)
Civil Appeal No(s). 3391-3392 of 2017 [Arising out of SLP (C) No(s). 22390-22391 of 2015], decided on February 27, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. These appeals arise out of Judgment and order dated 05.02.2015 in R.A. NO. 154 of 2014 and dated 14.08.2014 in CRP NO. 1162 of 2014 passed by the High Court of Madras at Madurai Bench.
3. The decree for eviction in favour of the appellant became final. During execution, a plea was raised by the respondents that the tenant was protected under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. This plea has been upheld by the impugned order. The High Court held that the appellant was a private trust as per its title and therefore exemption from Rent Act in favour of public trusts was not applicable. Consequently, the decree passed by the trial court has been held to be inexecutable.
4. We have heard learned counsel for the parties.
5. Learned counsel for the appellant stated that mere description or the name could not be taken as determinative of the character of the appellant-trust without examining the nature of the trust. The trust in question is in fact for the benefit of general public and thus public trust. We find merit in the contention. The High Court was in error in interfering with the decree passed in favour of the appellant.
6. In view of above, we set aside the impugned order and allow these appeals. No costs.
7. The respondents are however granted one year time to vacate and hand over peaceful possession of the suit premises to the appellant-Trust, subject to the respondents filing an undertaking in this Court within a period of eight weeks from today to the effect that all arrears of rent will be paid to the appellant within a period of eight weeks from today and future rent will be paid by the 10th of every succeeding month. The respondents will also undertake to hand over vacant possession, on or before 28th February, 2018, and will not induct any third party in the said premises.
8. Pending applications, if any, shall also stand disposed of.
Petition(s) for Special Leave to Appeal (C) No(s). 22390-22391/2015
Senathi NA. Venkitasalapathi Ayyer & Sons Private Trust Rep. Through S.L. Sivaji, Recent Manager Trustee _________________ Petitioner(s)
v.
Indhumathi & Anr _______________________________ Respondent(s)
Date : 27/02/2017 These petitions were called on for hearing today.
(Before Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
For Petitioner(s) Mr. K. V. Vijayakumar, Adv.
Mr. P.J. Janani, Adv.
For Respondent(s) Ms. Vanita Mehta, Adv.
UPON hearing the counsel the Court made the following
Order
9. Leave granted.
10. In terms of the signed order, these appeals are allowed.
11. No costs.
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