Decree obtained by playing fraud set aside.

These petitions coming on for hearing on this day upon perusing the petition the orders of the Lower Courts below and the record in the case and upon hearing the arguments of Mr. K. Chandru for Mr. R, Yashod Vardhan Advocate for the petitioner in the both petitions and of Mr. T. Theageswaran for M/s. Waraon and Sairams Advocate for the Ist respondents in both the petitions and of Mr. R. Swaminathan Addl. Govt., pleader (CS) on behalf of the respondents 2 and 3 in CRP 2939/93 and 2nd respondent in CRP. 3292/93 court made the following order:-

The above revisions involve similar and overlapping issues and, therefore, submissions have been made in common by the counsel appearing on either side and are dealt with together.

2. CRP No. 2939 of 1993 has been filed under Article 227 of the Constitution of India challenging the order dated 22-9-1993 by which the court below (S. Thamizhvanan, III Assistant Judge, City Civil Court, Madras) recorded the factum of an endorsement made by the plaintiff that the suit O. S. No. 9188 of 1992 is withdrawn as not pressed as against the third defendant, the petitioner herein. The suit O. S. No. 9188 of 1992 came to be filed by the plaintiff Suhura Beevi Educational Trust represented by its Chairman S. Sharofudin, Kanyakumari, praying for the following reliefs :-

(a) To pass a judgment and decree declaring that the plaintiff, Suhura Beevi Educational Trust at Railway Campus, Kanyakumari District, was a muslim religious minority trust and its M. G. R. Law College, Kanyakumari come within the meaning of Tamil Nadu Private Colleges (Regulations) Act, 1976, and (b) for a consequential permanent injunction, restraining the defendants, their subordinates, agents or servants from implementing Sections 7(1), 10, 11 to 14, 13(2), 22, 27 to 29, 35(4), 37 to 41 of the Tamil Nadu Private Colleges (Regulations) Act, 19, 76 and Rules 5, 7 to 10, (2 to 14, 18 to 20 of the Tamil Nadu Private Colleges (Regulations) Rules, 1976 and Statute 21 of Chapter XXVI of the Law of University to the plaintiff Suhura Beevi Educational Trust and its M. G. R. Law College at Railway Campus, Kanyakumari District. (unnecessary reliefs are omitted).

3. In the plaint, it is contended that the plaintiff-Educational Trust was being administered by its Chairman from 11-5-1992, that the trust was constituted under a registered deed of trust on the file of the Sub-Registrar of Assurances at Kottaram under Registration No. 38 / 13-5-1992, that the primary object of the Educational Trust was to set up educational institutions, with a view to uplift the downtrodden and under privileged masses of the society by providing them with education and in pursuance of such objects, the plaintiff trust decided to start a Law College in Kanyakumari District under the name and style of "M. G. R. Law College". It is claimed that the founders of the trust belong to Muslim community which is a religious community. In the body of the plaint, it is also averred that the plaintiff started the M.G.R. Law College and the same is being administered from the year 1992, for five year integrated course in B. L., three year degree based full time in B. L., and three year degree based evening college in B. L. and that the founders of the plaintiff belong to Muslim Community which is a religious minority. It is also claimed in the plaint that all the minorities are entitled to the protection guaranteed under Article 30(1) of the Constitution of India and accordingly, the Law College run by the plaintiff trust is entitled to administer without any interference by the Educational Department and other defendants. It is also contended that the statutory provisions contained in the Tamil Nadu Private Colleges (Regulations) Act and the Rules made thereunder are not applicable to the minority institutions. A right is also asserted that the plaintiff is entitled to start educational institutions without permission from the defendants, appoint teachers and other staff