1975 Supreme(Mad) 596
P.R.GOKULAKRISHNAN
Chellappa Sebastian and another – Appellant
Versus
R. C. Diocese, Madurai through its Procurator General Rev. Fr. S. Jesu-dansan and others – Respondent
Advocates:
M. Veluswami, S. Natarajan and S. Abdul Samathu, for Petitioners.
T. Martin, for Respondents.
Judgment.- These two civil revision petitions arise out of the order of eviction passed by the Courts below. The respondents who are the landlords filed eviction proceedings against two tenants numbered as R.C.O.P. No. 77 of 1971 and 75 of 1971 under section 10 (3) (5) of the Tamil Nadu Buildings (Lease and Rent Control) Act. The main purpose for getting these buildings is to have the buildings demolished and to use the space which is opposite to the church to put up a gate and also to use the open space for congregation.. Hence both the Courts below posed for decision, the point as to whether the landlords requirement of the scheduled buildings in the occupation of the respective petitioners herein is for the purpose of the institution as contemplated under section 10 (3) (6) of the Act. Both the Courts came to the conclusion that the requirement is for the purposes mentioned in section 10 (3) (b) of the Act and that there is no question of invoking section 14 (1) (5) of the Act and as such the eviction prayed for by the landlords have to be granted.
2. Aggrieved by the decision of the Courts below, the respective tenants in the respective eviction proceedings have preferred the ab
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