ORDER

1. The appellant before us filed a suit in the Court of II1rd Assistant Judge, Madras in as No. 7187 of 1982 for delivery of possession of the suit property to the appellant. The brief facts leading to the case are as follows:

The appellant let out the ground floor of the suit property to the respondent on a monthly rent of Rs 225 to locate a shop. On the basis that the respondent had committed wilful default in the payment of rent for the period from 1-1-1979 to August 1982, a notice was issued on 26-7-1982 demanding the arrears of rent and, thereafter, on 7-9-1982 notice was issued to the effect the rental agreement between the appellant and the respondent had come to an end as of 30-9-1982 and demanded the delivery of possession of the

said property on 1-10-1982.

2. Inasmuch as the respondent did not deliver the possession of the property, a suit was filed on behalf of the appellant. In the plaint it was also alleged that the appellant is a public charitable trust and the suit property belongs to it and hence is exempted from the application of the Tamil Nadu Buildings (Lease and Rent Control) Act. The respondent contested that the appellant is a public charitable trust. I