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1976 Supreme(Mad) 568

P.S.KAILASAM, V.BALASUBRAHMANYAN
Sengaianeer Pillaiar Temple, Koranad, Mayuram, represented by its Trustee Ambalavanan Chettiar – Appellant
Versus
Manickam Chettiar – Respondent


Advocates:
K. Chandramouli, for Petitioner.
V. Sridevan, for Respondent.

Balasubrahmanyan. J.- This civil revision petition comes before us on a reference by Mohan, J., who heard it, in the first instance, without finally deciding it. The revision petition raises an important and controversial question of law as to the effect of a notification issued on 12th August 1974 by the Tamil Nadu Government, under which buildings owned by Hindu, Christian and Muslim Religious Trusts and Charitable Institutions were exempted from all the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In the instant case, eviction proceedings instituted under the Act against the tenant of a building owned by a Hindu Religious institution were pending before the Rent Controller on the date when the exemption was notified. The controversy between the parties was whether, on the issuance of the Government’s notification, the eviction petition then pending before the Rent Controller abated or whether he had jurisdiction to proceed with the inquiry and dispose of the eniction petition on merits. Mohan, J., on hearing arguments was inclined, prima facie, to take the view that with the issue of the notification by the Government, the jurisdiction of the Rent C



























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