Madras High Court
Sukhraj Bhawarlal And Ors. vs J. Parasmal And Sathrasala ... on 31 October, 2006
Equivalent citations: (2006)4MLJ1610
Author: S. Ashok Kumar
Bench: S. Ashok Kumar
ORDER S. Ashok Kumar, J.
1. Aggrieved over the order of the learned Rent Control Appellate Authority holding that the second respondent is not a public trust and therefore the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is applicable to the premises, these Civil Revision Petitions are filed.
2. In all these CRPs the petitioners are the tenants. The first respondent is the chief tenant and the second respondent is the trust, owner of the premises at No. 11, Kasi Chetty Street, Chennai-79. The tenants are in occupation of various shop portions paying a monthly rent of Rs. 10,050/= p.m., each. Except CRP. No. 1305 of 2005, in all the other CRPs, the first respondent filed RCOPs for eviction of the tenants on the ground of willful default in payment of rents for the period from December 1997 to April 1998. As regards CRP. No. 1305 of 2005, the RCOP was filed by the first respondent on the ground of subletting. The learned Rent Controller dismissed the RCOPs as not maintainable on the ground that the petition premises is being owned by the second respondent, a public trust which is exempted from the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The first respondent filed Rent Control Appeals and the appeals were allowed by the learned Rent Control Appellate Authority holding that the second respondent is not a public trust and therefore the RCOPs are maintainable, that the tenants in CRP. Nos. 1298 to 1304 of 2005 have committed willful default in payment of monthly rents, that the tenant in CRP. No. 1305 of 2005 had sublet the shop portion and ordered eviction of the tenants giving a month's time to vacate the premises. Aggrieved over the said order, these CRPs are filed by the tenants.
3. In all these CRPs the first respondent has filed the RCOPs in the capacity as the chief tenant. All these CRPs can be disposed of on a legal question as to Whether the second respondent-Trust is a public trust or a private trust and if it is a public trust, Section 29 of the Act is applicable, since Public Trusts are exempted under Section 29 of the said Act.
4. The learned Rent Controller held that the second respondent is a Public Trust and therefore the same is exempted from the purview of Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. On the other hand, the learned Rent Control Appellate Authority held that the second respondent-Trust is a private trust and therefore allowed all the Rent Control Appeals.
5. To decide the issue a cursory reading of the Trust Deed is necessary. The Trust Deed was executed on 19.5.1938 by one Chatrasala Venkatachellum Chetty to Venkatakrishnama Chetty. A perusal of the trust deed would show that the property, the rents, profits and the income thereof were directed to be used and utilised for the religious and charitable purposes, more particularly set out in the grounds and conditions provided therein. The relevant portions are:
The said Ramanujakootam shall be allowed to be used by Brahmins and Arya Vysias whenever necessary and also for religious discourses and lectures. It shall also be allowed to be used for lodging bona fide pilgrims belonging to the said Brahmin and Arya Vysia Communities for such temporary period as may be fixed by the Trustees. But the said Ramanujakutam shall not be allowed to be used for any dramatic or other entertainment unconnected with any suspicious ceremonies like marriages, upanayanam, etc., and under no circumstances shall be allowed to be used as living or residential quarters of any person.
SCHEDULE-B
(a) Mudaliyandan Monthly Thriunatchathiram at Sree Parthasarhy Temple, Triplicane at Rs. 2-2-0 annually.
(b) Annual Sathumorai of Mudaliyandan at Sree Parthasarathy Temple, Triplicane, annually.
In any event the said (a) and (b) expenses shall not exceed Rs. 80/=
(c) Nithya Karpooroa Harathi for Thirumalai Tirupathi Sree Venkateswara Swami, annually.
(d) Vedaparayana Tonnacharior Veda Patasala at Sreerangamm, annually.
(e) Argimbu at Sree Perumbudur Oodayar Sannadhi on Arudhra Mesa Thirunatchathram annually.
(f) Vysasn Thathiyarathana conducted by Arya Vysias during chitrai festival at Sree Perumbudur, annually.
(g) Vysia Thathiyarathana at Poonamallee during Sree Numbi Ootchavan, annually.
(h) Vysia Thathiyarathana at Thiruppathi, annually.
(i) Vysia Thathiyarathana for Radhasapthami at Thirupathi annually.
(j) Brahmin Thathiyarathana at Sree Villiputtur annually.
(k) Sixty measures of rice shall be given to the persons who perform Sree Rama Navami festival at Bhajanakootam in Mambalam for Thathiyarathana, annually
(l) Pushpa Kainkaryam at Tirukachi Nambi Temple at Poonamallee annually.
SCHEDULE-C
(a) Three persons to be fed every day in any Ananda Samajam to be decided by the Board every year annually.
(b) Hundred persons, Vysias and Brahmins alternatively be fed at the said Ramanujakootam on the following occasions: at annual ceremonies of my father S.Vankatakrishnama Chetti, my mother S. Kanakavalli Thayaramma, myself S. Vankatachalam Chetty, my first wife S. Kanavalli Thayaramah, my second wife S. Kannavalli Thayarama, my daughter P. Alamelu Mangathayarammah, not exceeding annually.
(c) Cremation expenses for poor Arya Vysias from Rs. 7 to Rs. 15 for corpaso, annualy.
6. In 2004 (4) LW 474 (S. Kulanthaivelu v. Sowrashtra Vipra Sabha, Namakkal), which is a case wherein the landlord-trust filed RCOP for eviction on the ground of willful default and the Rent Controller ordered eviction, and the appellate authority also confirmed the same, aggrieved over the same in the CRP preferred by the tenant, this Court remitted the matter to the appellate authority, who in turn found that the trust is only a private trust and the building is not exempted from the Act. Consequently the order of eviction was confirmed. The tenant again filed CRP and this Court held that after going through the contents of the Trust Deed, the Trust is a public trust and the building is exempted from the purview of the Act and dismissed the petition for eviction.
7. Similarly in 2001(1)LW. 652 (SC) (Mullam Gulam Ali and Safiabai O. Trust v. Deelip Kumar & Co), the Hon'ble Supreme Court held that the control vested in a group of people will not itself take away the public character of the Trust and if the Trust is not administered properly, proceedings can be filed under Section 92 of the CPC for framing a scheme for proper administration and by displacing the trustees.
8. In Vijayakumar v. Roman Catholic Church, rep. by Rev. Father reported in 2001 (2) LW.736, which is a case wherein the landlord society filed a suit against the tenant for delivery of possession of the shop portion, the trial court ordered eviction and the appellate court confirmed the order of eviction, and in the second appeal filed by the tenant stating that the landlord is only a society and not a public trust, this Court held that the bye laws of the society are for giving benefits not to any particular group or Section but to all people of the society and that the society is a public trust.
9. As far as this case is concerned, a perusal of the Trust Deed itself would show that the trust was created for charitable purposes, may be for particular two communities. In the instant case, the Trust itself filed RCOP. No. 1638 of 2005 in the Rent Control Court. But later withdrawn the said RCOP and the same was dismissed as not pressed on 10.11.2005. The chief tenant-first respondent himself filed I.A. No. 12385 of 1996 in O.S. No. 11282 of 1996, which is a suit filed by him, wherein he himself described the Trust as a Public Trust. After submitting that the second respondent is a Public Trust, now the first respondent-chief tenant contends that it is a private Trust and therefore it is within the purview of the Act.
10. But as already stated a perusal of the Trust Deed would show that it is a Public Trust created for doing certain religious and charitable activities by the trustees. Since the second respondent is a Public Trust, the rent control proceedings cannot be initiated because the building owned by the said Public Trust is exempted under Section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.
11. In the result, these CRPs are allowed. Consequently, CMP. No. 3273 of 2006 is dismissed and all the other Miscellaneous Petitions are closed. No costs.