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2007 Supreme(Mad) 1519

K.MOHAN RAM
S. Govindasamy (died) by LRs. & Others – Appellant
Versus
Gowthiya Sangam Nagore Rep. By its Secretary M. A. A. Sathakathullah – Respondent


For the Appellants :Srinath Sridevan, R. Ramesh, Advocates. For the Respondent:T.P. Sankaran, Advocate.

Judgment :-

The above second appeal is preferred by the defendant in the suit who is a tenant under the plaintiff. The suit is for recovery of possession. The plaintiff is a society represented by its Secretary. The plaintiff claimed that it is a Muslim Religious Charitable Trust, whereas the defendant contended that the plaintiff is a Society and it is not established by the plaintiff that it is a Muslim Religious Charitable Trust, hence the suit is not maintainable in the Civil Court inasmuch as the defendant is entitled to the benefits of the Tamil Nadu Buildings (Lease and Rent Control) Act, and according to the defendant, the remedy of the plaintiff, if any, should be only by taking appropriate proceedings under the Rent Control Act. The defendant further contended that the Notice to Quit was not in consonance with the provisions of Section 106 of the Transfer of Property Act. That contention of the defendant was sought to be met by the plaintiff by invoking the provisions of G.O.Ms.No.2000 Home dated 16.08.1976 exempting all buildings owned by a Hindu, Christian or Muslim Religious Public Trusts and Public Charitable Trusts from all the provisions of the said Act. The contenti








































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