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2001 Supreme(Mad) 340

FAKKIR MOHAMED IBRAHIM KALIFULLA
Vijayakumar – Appellant
Versus
Roman Catholic Church, Represented by Rev. Father, J. Anthony Joseph – Respondent


Advocates Appeared:
For the Appellant:P. Prakash, Advocate.
For the Respondents:S. Parthasarathy, Advocate.

Judgment :-

1. The question of law that has been framed for consideration in this Second Appeal is as follows:

“Whether the Respondent Society is a Trust as defined under the Trust Act to fall under the purview of G.O.Ms.2000 Home Department dated 16th August 1976, to be exempted from the provision of Tamil Nadu Building (Lease and Rent Control) Act, more particularly when it is registered as a society on 5.7.1922 under Societies Registration Act?

2. The brief facts are that the respondent herein filed O.S. No. 200 of 1995 to direct the appellant to vacate and hand over the possession of the suit scheduled property which is a shop in which the appellant was inducted as a tenant to run a cycle shop. The appellant was running a cycle shop under the name and style of “Maruthy Cycle Mart”. According to the respondent a notice to quit was given to the appellant on 27.4.1995 and inspite of the notice since the appellant failed to vacate and hand over the possession of the suit scheduled property the respondent was obliged to file the suit.

3. The said suit was resisted by the appellant contending that the suit was not maintainable, that though the suit scheduled property belonged to the resp

































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