THANGAPANDIYAN Vs. KANNIGA PARAMESWARI AMMAN

JUDGEMENT

(1.) Being aggrieved by the finding regarding maintainability of the rent control proceedings initiated by Shri Kanniga Parameswari Amman Chathiram, through its Managing Trustee, the tenant has filed the present Civil Revision Petition. Facts leading to the Civil Revision Petition are as follows:

(2.) It has been contended by the tenant that nowhere in the receipts issued by Shri Vasavi Kannika Parameswari Amman Chathiram, it has been described as a Private Trust and therefore, the nomenclature found in the receipts should prevail over the name given in the cause title and in any event, there is difference in the name and that the Chaitram is meant for public usage and therefore, it cannot be considered as private trust. Per contra, Sri Kannika Parameswari Amman Chathiram, represented by its Managing Director, the petitioner in RCOP, contended that inside the Chaitram, there is a small temple only for the purpose of Arya Vysya Community people and that there is no flagstaff, Moolasthanam, Stone Vigraham, Prakaram and Gopurams and that there is no idol for procession. No Urchavams, recitals of mantrams, archanas and other features, similar to that of a public temple, are performed. Therefore, the petitioner, who initiated the proceedings for eviction, has submitted that it is only a Choultry, where the people belonging to the same community, coming from other districts, get accommodation in the choultry and thus, the said premises have been leased out to the revision petitioner. According to the respondent, the provisions of the HR & CE Act, are not applicable and it is purely a private trust and hence, entitled to maintain a rent control proceedings for eviction. The respondent-Trust has placed reliance, on an order made in CRP. No. 182 of 1993, dated 17.04.1935.

(3.) The Rent Controller, placing strong reliance on the order made in the above CRP., rejected the objections regarding maintainability of the RCOP., and held that Shri Kannika Parameswari Amman Chathiram, is a private trust. Being aggrieved by the same, an appeal has been filed in RCA. No. 16 of 2010, before the learned Subordinate Judge, Mannargudi. Subsequently, on an endorsement made by the revision petitioner that he would prefer a Civil Revision Petition, the said appeal has been closed. Therefore, the present Civil Revision Petition, challenging the preliminary finding, as regards the maintainability of RCOP, has been filed.