The Tamil Nadu Public Premises Act does not apply retroactively to leases established prior to its enactment, affirming tenant rights to continued possession for educational purposes.

ORDER :

BATTU DEVANAND, J.

This Civil Revision Petition is filed against the fair and decretal order dated 21.01.2020 in CMA.No.75 of 2018 passed by the Principal Judge, City Civil Court, Chennai.

2. The brief facts that are necessary for disposal of the case would run thus:

The land measuring an extent of 32 grounds in Survey No.1730/1, Puraswalkam Taluk, Vepery was owned by Chennai Corporation. The said land was given as lease to the respondent School for 20 years vide lease deed No.2376/1947. Thereafter, in the year 1962, a council resolution No.291/1962 dated 24.10.1962 was passed to sell 25 grounds of land out of the 32 grounds to the respondent. Subsequently, the said land was sold to the respondent School vide Doc.No.55/1963, dated 02.01.1963. Apart from this land, lease was continued for the remaining 7 grounds of land for a monthly rent of Rs.4/-. As such, the lease period was expired on 11.12.1967. Therefore, the petitioner sent a demand notice to pay a sum of Rs.35,32,186/- for damages and service tax. Subsequently, the Estate Officer has passed an order dated 09.11.2018 under Section 5(1) of Tamil Nadu Public Premises (Eviction of Unathorised Occupants) Act 1975 calling upon the respondent to deliver vacant possession of the said property. Hence, the respondent School filed CMA.No.75 of 2018 before the Principal District and Sessions Judge, City Civil Court, Chennai. The said CMA.No.75 of 2018 was allowed by decree and judgment dated 21.01.2020. Aggrieved by the same, the present Civil Revision Petition has been filed.

3. It is the case of the respondent that they are running an aided School in the subject premises. Originally, the Corporation leased out 32 grounds of land to the respondent for running School in the year 1947. Subsequently, in the year 1963, out of the 32 grounds, 25 grounds were sold at a nominal price to the School and the lease to the remaining 7 grounds was continued. Thereafter, the lease was expired on 11.12.1967 and the respondent School continued to pay the rent till 2005. That being so, a notice was issued in the year 2017 under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act to pay a sum of Rs.37,88,491/- for damages and service tax. Followed by that, an impugned order of eviction was passed on 09.11.2018 stating that the respondent School is in unathorised possession of the said premises. However, the respondent is not an unauthorised occupant of the land and that the notice under Section 4(1) of the Act does not contain any reason for eviction of lawful lessee from the premises. The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act 1975 is not applicable to the facts of the case.

4. It is the further case of the respondent that the respondent School is being run without any profit, only with a view to promote education in the locality, which is very backward and contains slum dwellers. However, the first petitioner has fixed abnormal amount as damages for use and occupation. The Corporation is trying to evict the school authorities from the premises, which was leased out much before the enactment of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. In the disputed premises, the playground is situated. It is to be seen that without the playground, as per rules, the School could not be continued. Under such circumstances, without any bonafide requirement, the present impugned order has been passed. The Public Premises (Eviction of Unauthoris