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2002 Supreme(Mad) 163

K.GOVINDARAJAN
Karthikeya Press – Appellant
Versus
Madarsa Dawoodiya Arabic College Trust – Respondent


Advocates Appeared:
Mr.S.P.Subramaniam Senior Counsel for Mr.S.Jayaraman Advocate Appellant. Mr.S.V.Jayaraman, Senior Counsel, for Mr.M.Duraisamy, Advocate for Respondent No.l; No Appearance for Respondent No.2.

Judgment :

1. The 1st respondent/plaintiff filed the suits in O.S.Nos.637 and 639 of 1987 against the appellants for recovery of possession of the suit properties and for damages on the basis that the 1st defendant-firm in the respective cases are the tenant with respect to the appellants' buildings in question leased out to the 1st defendant. By issuing a notice on 29.10.86 and terminating the tenancy, the Ist respondent/plaintiff sought for possession of the buildings leased out to the 1st defendant. Since possession was not handed over, plaintiff filed the above suits.

2. The defendants contested the suits contending inter alia that the suits are not maintainable as the civil court has no jurisdiction to sustain the suits. According to the defendants/tenants though the plaintiff is the trust, the proper remedy to recover possession is only under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter called the Act, as the plaintiff-trust is not exempted from the purview of the Act. It is also contended that the notice to terminate the tenancy is not in accordance with Sec. 106 of the Transfer of Property Act. It is further defended that since the pl






































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