SRINIVASAN
K. M. Rathinam Nadar & Other – Appellant
Versus
Arulmigu Hanumantharayar Bhajanai Madam alias Hanumar Kovil represented by its Hereditary trustee Tmt. L. Padmavathiammal – Respondent
1. With the consent of both sides, the appeals are taken up for final disposal.
2. These two appeals are preferred by the defendants in the two suits. They are tenants under the common plaintiff. The suits are for eviction. The plaintiff is a Bajanai Madam or Hanumar temple and is represented by its hereditary trustee. The main defence raised by the defendants in both the cases is that the suit is not maintainable in the Civil Court in as much as they are entitled to the benefits of Tamil Nadu Buildings (Lease and Rent Control) Act and according to them, the remedy of the plaintiff, if any, should be only by taking appropriate proceedings under that Act. That contention was sought to be met by the plaintiff by invoking the provisions of G.O.Ms. No. 2000, Home dated 16th August, 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 contention of the defendants is that the exemption will not apply as the trust is not a public trust and the temple is a private temple. The contention was negatived by both the Courts and the defendants have preferred these Second App
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