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1984 Supreme(SC) 358

R.S.PATHAK, SABYASACHI MUKHARJEE, V.D.TULZAPURKAR
S. M. Mahendru And Company – Appellant
Versus
State Of T. N. – Respondent


Advocates:
A.T.M.SAMPATH, Anil B.Divan, K.S.Ramamurthy, M.K.D.NAMBUDIRY, P.N.Ramalingam, S.BALAKRISHNAN, V.M.TARKUNDE, VINIT KUMAR, Y.S.Chitale

Judgment

TULZAPURKAR, J. :- By these three writ petitions filed under Art. 32 of the Constitution the petitioners, who are tenants in a building belonging to respondent No. 2 Society, have challenged the validity of the exemption granted to all buildings owned by all Co-operative Societies in the State of Tamil Nadu from all the provisions of the T. N. Act 18 of 1960 under Sec. 29 thereof.

2. The facts giving rise to the aforesaid challenge lie in a narrow compass. The petitioners are tenants in different portions on the ground floor of the building bearing Door No. 188, Mount Road, Madras belonging to second respondent which is an Apex Society registered under the Tamil Nadu Co-operative Societies Act 1961. It appears that the property was purchased in 1961 by the second respondent from its previous owners M/s. Mohammed Ibrahim and Company. and soon thereafter the second respondent applied to the State Government under Sec. 29 of the Act and sought exemption for it from all the provisions of the Act. But on hearing the objections raised by the petitioners and other tenants the application was rejected. Respondent No. 2 thereupon made two attempts to evict the petitioners from their



























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