Madras High Court
A.S.M.J.Haja Mohideen vs Measi Matriculation Higher Secondary ... on 17 December, 2019
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019
and
C.M.P.Nos.26770, 26774, 27169, 26805 and 26303 of 2019
S.A.No.1236 of 2019
A.S.M.J.Haja Mohideen ... Appellant
Vs.
1.MEASI Matriculation Higher Secondary School,
Rep.by its Secretary and Correspondent M.S.Tajudeen,
No.53, Angappanaicken Street,
Chennai – 600 001.
2.Muslim Educational Association of Southern India,
Rep.by its Honorary Secretary A.Mohamed Asraf,
No.87, Peters Road,
Royapettah, Chennai – 600 014. ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure to
set aside the judgment and decree dated 29.08.2017 in A.S.No.43 of 2012 on
the file of the VII Additional Judge, City Civil Court, Chennai confirming the
judgment and decree dated 18.4.2011 in O.S.No.15253 of 1996 on the file of
the IV Assistant Judge, City Civil Court, Chennai.
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S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019
S.A.No.1237 of 2019
B.Saroja ... Appellant
Vs.
1.MEASI Matriculation Higher Secondary School,
Rep.by its Secretary and Correspondent M.S.Tajudeen,
No.53, Angappanaicken Street,
Chennai – 600 001.
2.Muslim Educational Association of Southern India,
Rep.by its Honorary Secretary A.Mohamed Asraf,
No.87, Peters Road,
Royapettah, Chennai – 600 014. ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure to
set aside the judgment and decree dated 19.08.2017 in A.S.No.14 of 2012 on
the file of the I Additional Judge, City Civil Court, Chennai confirming the
judgment and decree dated 18.4.2011 in O.S.No.264 of 1997 on the file of the
IV Assistant Judge, City Civil Court, Chennai.
S.A.No.1252 of 2019
S.M.Ariff (Deceased)
1.K.M.Pathmal Beevi
2.S.M.Jailani
3.S.M.Mohideen
4.S.M.Meeran Moideen
5.S.M.Muhmoothal
6.S.M.Sulaiman
7.S.M.Syed Raviyath
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S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019
8.S.M.Rahmankan ... Appellants
(Appellants 1 to 8 are impleaded as legal representative
of the deceased 1st appellant as per order in C.M.P.No.582 of 2012
dated 09.10.2012 amendment carried out as per order passed in
C.M.P.No.47 of 2013 dated 07.01.2013)
Vs.
1.MEASI Matriculation Higher Secondary School,
Rep.by its Secretary and Correspondent M.S.Tajudeen,
No.53, Angappanaicken Street,
Chennai – 600 001.
2.Muslim Educational Association of Southern India,
Rep.by its Honorary Secretary A.Mohamed Asraf,
No.87, Peters Road,
Royapettah, Chennai – 600 014. ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure to
set aside the judgment and decree dated 05.01.2018 in A.S.No.239 of 2012 on
the file of the VI Additional Judge, City Civil Court, Chennai confirming the
judgment and decree dated 18.4.2011 in O.S.No.258 of 1997 on the file of the
IV Assistant Judge, City Civil Court, Chennai.
S.A.No.1239 of 2019
M/s.Nefa Steels,
No.53, Angappanaicken Street,
Chennai – 600 001. ... Appellant
Vs
1.MEASI Matriculation Higher Secondary School,
Rep.by its Secretary and Correspondent H.M.Shamsuddin,
No.53, Angappanaicken Street,
Chennai – 600 001.
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S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019
2.Muslim Educational Association of Southern India,
Rep.by its Honorary Secretary U.Mohamedkhaleelullah,
No.87, Peters Road,
Royapettah, Chennai – 600 014. ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure to
set aside the judgment and decree dated 05.01.2018 in A.S.No.52 of 2012 on
the file of the VI Additional Judge, City Civil Court, Chennai confirming the
judgment and decree dated 18.4.2011 in O.S.No.15251 of 1996 on the file of
the IV Assistant Judge, City Civil Court, Chennai.
S.A.No.1204 of 2019
Syed Radha ... Appellant
Vs
1.MEASI Matriculation Higher Secondary School,
Rep.by its Secretary and Correspondent M.S.Tajudeen
No.53, Angappanaicken Street,
Chennai – 600 001.
2.Muslim Educational Association of Southern India,
Rep.by its Honorary Secretary A.Mohamed Asraf,
No.87, Peters Road,
Royapettah, Chennai – 600 014. ... Respondents
Second Appeal filed under Section 100 of the Code of Civil Procedure to
set aside the judgment and decree dated 19.08.2017 in A.S.No.15 of 2012 on
the file of the I Additional Judge, City Civil Court, Chennai confirming the
judgment and decree dated 18.4.2011 in O.S.No.263 of 1997 on the file of the
IV Assistant Judge, City Civil Court, Chennai.
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S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019
For Appellants : Mr.R.Swaminathan
(in all S.As)
For Respondents : Mr.Muniruddin Sheriff
(in all S.As)
COMMON JUDGMENT
These appeals have been filed against the concurrent findings of the Courts below. The defendants are the appellants herein. The respondents herein instituted the suits against the appellants for delivery of possession of the suit properties.
2.According to the plaintiffs, the second plaintiff is the lessee of the vacant land measuring an extent of 22 grounds and 1350 sq.ft in Door No.53 (Old No.181 and 182) Angappa Naicken Street, George Town, Chennai under the Tamil Nadu Wakf Board as per the registered release deed dated 20.02.1985. Thereafter, the second plaintiff constructed a School in the said land and also constructed a row of 19 shops on the western side of the land facing Angappa Naicken Street. The defendants were inducted as tenants in the said shops on a monthly rent.
3.The further case of the plaintiffs is that the second plaintiff is a public Trust, administrating the first plaintiff School and that there are about 1400 Page No.5/11 http://www.judis.nic.in S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019 students studying in the school from L.K.G to 12th standard and they needed the suit premises for their additional accommodation and hence, lease given in favour of the defendants were terminated. The suits were filed for recovery of possession.
4. The defendants resisted the suits by filing the written statements stating that the second plaintiff had given an undertaking that the lease entered in favour of the defendants is for a period of 99 years. Apart from the advance amount, the defendants have also paid additional amount demanded by the second plaintiff. It is further stated that the suit premises is not exempted under the provisions of the Tamil Nadu Buildings (Lease & Rent Control) Act. Hence, the suits are not maintainable.
5. Based on the pleadings, the trial Court framed necessary issues. Parties let in oral and documentary evidence. The trial Court after analyzing the evidence decreed the suit. Aggrieved over the same the defendants preferred appeals. The appellate Court confirmed the findings of the trial Court. Challenging the same, the present appeals are filed.
6. Mr.R.Swaminathan, learned counsel appearing for the appellants Page No.6/11 http://www.judis.nic.in S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019 would urge that the suits filed by the respondents herein are not maintainable, in view of the fact that the property is situated within the Corporation of Chennai. The specific plea raised by the appellants in their written statements were not properly considered by the Courts below. It is further contended that in O.A.No.15 of 2011, the Wakf Tribunal (I Assistant Judge, City Civil Court, Chennai) has declared that the surrender of Syedani Bi Wakf by the applicant is not valid and hence, the respondents herein have no right to initiate eviction proceedings against the appellants.
7. Per contra, learned counsel for the respondents Mr.Muniruddin Sheriff, would submit that the land belongs to the Tamil Nadu Wakf Board and that the appellants herein are only lessees under the respondents. It is further contended that the plaintiffs have specifically averred in the plaint that the second plaintiff is a public Trust, which was not seriously disputed by the defendants in the written statements. The respondents have produced abundant evidence before the trial Court to establish their case and findings have been given on proper appreciation of evidence. Hence, no warrant of interference is required and prayed for dismissal of the appeals.
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8. In the case on hand, it is not disputed that the land measuring an extent of 22 grounds and 1350 sq.ft situated in Angappa Naicken Street, George Town, Chennai belongs to the Tamil Nadu Wakf Board. The said property was leased out to the second plaintiff in the year 1985. Thereupon, the second plaintiff put up a construction for running the first respondent school therein. It appears that the second plaintiff constructed a row of shops on the western side of the property and leased them out to the appellants herein. The jural relationship of landlord and tenant is not disputed.
9. Perusal of the order in W.P.No.3157 of 1987 dated 06.09.1994, would reveal that the writ petition was filed challenging the lease granted in favour of the second plaintiff on the ground that the premises is not used for educational purpose. The writ petition was disposed of by this Court, on the undertaking given by the second plaintiff that the eviction proceedings would be initiated against the tenants. The order passed in the writ petition was marked as one of documents of the plaintiffs.
10. Further the certificate of incorporation pertaining to the second plaintiff and the report of the auditors were produced to show that the second plaintiff is a Public and Charitable Trust (Educational Society). The Page No.8/11 http://www.judis.nic.in S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019 memorandum of association of the second plaintiff was relied upon to establish that the second plaintiff is functioning as a Religious Public Trust/Charitable Trust to safeguard and promote the rights and interests of the Muslim community. Based on the above evidence, the Courts below, in my view, rightly came to the conclusion that the plaintiffs are exempted from the purview of the Tamil Nadu Buildings (Lease and Rent Control) Act in view of G.O.Ms.No.2000 (Home) Department dated 16.8.1976. Therefore, I find no substance in the submissions of the learned counsel for the appellants that there is no specific findings with regard to the applicability of the Tamil Nadu Buildings (Lease and Rent Control) Act.
11. It is to be seen that O.A.No.15 of 2011 was filed before the Wakf Tribunal under Sections 83 and 85 of the Wakf Act, to declare the surrender of Syedani Bi Wakf by the applicant to the first respondent Tamil Nadu Wakf Board is not valid. The Tribunal allowed O.A.15 of 2011 on 09.02.2017. It is relevant to note that except one appellant the other appellants have filed applications under Order 41, Rule 27 of C.P.C to receive the order passed in O.A.No.15 of 2011 as additional evidence. The Court rejected the application stating that the order passed in O.A.No.15 of 2011 is nothing to do with the suit claim. It is pertinent to note that no evidence was produced to prove that Page No.9/11 http://www.judis.nic.in S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019 the lease granted in favour of the second plaintiff was cancelled in pursuance of the order passed in the above original application.
12. Taking note of the above facts, this Court does not find any illegality or perversity in the conclusion arrived by the Courts below. In such view of the matter, I find no merit in these Second Appeals. In fine, these Second Appeals fail and the same are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
17.12.2019 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order ms To
1.The VII Additional Judge, City Civil Court, Chennai.
2.The IV Assistant Judge, City Civil Court, Chennai.
3.The I Additional Judge, City Civil Court, Chennai.
4.The VI Additional Judge, City Civil Court, Chennai.
Page No.10/11 http://www.judis.nic.in S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019 K.KALYANASUNDARAM, J.
ms S.A.Nos.1236, 1237, 1252, 1239 and 1204 of 2019 and C.M.P.Nos.26770, 26774, 27169, 26805 and 26303 of 2019 17.12.2019 Page No.11/11 http://www.judis.nic.in