PAZHANIYANDI Vs. KALYANASUNDARAM

JUDGEMENT

(1.) THE premises in question which is in the occupation of the present petitioner as a tenant originally belonged to one Sampoorna Gurukkal who created a Trust as far back as on 13.3.1917 by a Deed of Trust. THE premises in question was indisputably included in the trust property. THE relevant part of the Trust Deed as translated in English reads as follows: '

(2.) A part from contesting the claim on merits the tenant 's case was that the premises were exempted from the operation of the Rent Control Act by G.O.Ms.No.2000, Home, dated 16.8.1976,by which the Government had exempted all the buildings owned by the Hindu, Christian and Muslim religious public trusts and public charitable trusts from all the provisions of the said Act.

(3.) THE question as to whether the petitioner would be entitled to apply for eviction in view of the expanded definition of 'landlord' would arise only if the provisions of the Rent Control Act could be invoked by the landlord. THE basic question which, however, falls for consideration in this case is whether the premises are exempt from the operation of the Rent Control Act in view of the recital in the Trust Deed. THEre is nothing in the Trust Deed to show that it was ever intended by the settlor to make provision for income of the Archakas by permitting them to let out the property. If that was the object, undoubtedly the Trust would have become a private Trust. THE purposes which are set out in the Trust Deed show that the endowment is for the purpose of residence of persons doing pooja at the temples mentioned therein and also for the purpose of other charitable objects for which expenses are to be met from and out the income of the Trust property.