The main legal point established in the judgment is the interpretation of the intention of dedication in the context of the property and the concept of willful default.

These revisions are preferred against the Order of the Rent Control Appellate Authority/Principal Sub Court, Mayiladuthurai, made in RCA Nos.13/91, 12/91, 1/92, 11/91 dated 18.06.1999, ordering eviction on the ground of willful default.

2. All the revisions arise out of a common Order. Since common points for determination are involved, all four Revision Petitions were heard together and disposed of by this common Order.

3. The Rent Control proceedings had been lingering on file for nearly two decades. Factual background are as follows:-

A row of shops originally fell to the share of one Namachivayam. Namachivayam had two sons – Chidambaram and Ponnambalam. Petitioners have become Tenants under the said Ponnambalam in a row of shops bearing D.No.13, 13A, 13B and 13D on a monthly rent of Rs.40/-. The Respondent/Landlady purchased the demised premises from the said Ponnambalam and Natarajan by the Sale Deed dated 24.04.1985. The landlady sought for eviction on two grounds viz., Wilful Default [Section 2(i)] and Demolition and Reconstruction [Section 14(1)(b)] of Tamil Nadu Buildings [Lease and Rent Control] Act, 1960. It was alleged that the Tenants had committed default in payment of rent for the period from April 1985 to June 1985 and also during the pendency of RCOP proceedings. Respondent/landlady also sought for eviction on the ground of demolition and reconstruction as the building is aged.

3. 1. The Tenants contested the eviction Petition on the ground that the suit property was a Religious Trust property and hence, eviction Petition filed under Rent Control Act is not maintainable. According to the Tenants, they have sent rent for the months of May and June, 1985, by Money Order to Ponnambalam and the same was refused and there is no default.

3. 2. The Rent Controller held that there is no dedication of the property to Trust and held that the eviction Petition filed under Tamil Nadu Buildings [Lease and Rent Control] Act, 1960 [for short, the Act], is maintainable. However, the learned Rent Controller found that the Tenants tendered rent to Ponnambalam and that there is no willful default. The requirement for demolition and reconstruction was also not accepted by the Rent Controller and the eviction Petitions were dismissed.

3. 3. The Landlady preferred appeal before the Rent Control Appellate Authority in R.C.A.Nos.11 to 13/1991 and R.C.A. No.1/1992. The Rent Control Appellate Authority declined to consider the question whether the demised building was a Trust Property or not. The Rent Controller already decided that issue in an Interlocutory Application which was not challenged by the Tenants. Holding that the finding that the demised property is not a Trust Property had become final, the Appellate Authority refused to consider that question. The Appellate Authority confirmed the finding regarding demolition and reconstruction. But reversed the finding with regard to willful default and ordered eviction on the ground of willful default.

4. Challenging the Order of Appellate Authority, Tenants preferred revisions before the High Court in C.R.P. Nos.1102/1995, 1215 to 1217/1995. The High Court has remanded the matter to the Appellate Authority with a direction to consider the question whether the demised premises belonged to Religious Trust, as claimed by the Tenants.

4. After remand, the Appellate Authority considered the question and confirmed the finding of the Rent Controller that the demised premises is not dedicated to trust and the property is not a religious Trust Property. Reiterating the findings on the ground of willful default, the Appellate Authority ordered eviction, which is now challenged in these Revision Petitions.

Whether the Demised Premises is a Public Trust?

4. The learned Counsel for the Tenants made elaborate submissions contending that on A Schedule Property which fell to the share of Namachivayam, and a Trust has been created and the properties are dedicated for religious and ch