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2000 Supreme(Mad) 1109

PRABHA SRIDEVAN
Vittal Vel Press rep. – Appellant
Versus
. – Respondent


Advocates Appeared:
Mr. T.N. Rajagopal, Advocate for Petitioner.
Mr. K. Chandramouli, Senior Counsel for
Mr. G. Viswanathan Mr J.A. Selvakumar for HR & CE for Respondent.

Judgment :

1. The petitioner, who is a tenant under a temple having suffered a decree of eviction and fought all the way up to Supreme Court, is now before this court making a last ditch to resist execution on the ground that the exemption from provisions of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 under G.O.M.s No.2000, dated 16.8.1976 (herein after referred to as G.O) will not cover buildings owned by temples. The executability of the decree for eviction obtained by the respondent in O.S.No.2504 of 1976 was challenged by an application under Section 47, Civil Procedure Code, which was dismissed by the Court below. The civil revision petition is against this order.

2. Mr.T.N. Rajagopal, learned counsel for the petitioner vehemently argued that the building owned by temples are not exempted from the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and hence the decree passed by the Civil Court against the petitioner is not executable. According to the learned counsel, if in the G.O. the word ‘public religious trusts’ was intended to include temples then the same would have been mentioned by way of Explanation in G.O. itself. The very fact that





























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