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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Sudesh Kumar – Appellant
Versus
Shivdat Rai Educational Charitable Trust – Respondent
| Table of Content |
|---|
| 1. dismissal of prior appeals confirmed eviction. (Para 2 , 3) |
| 2. maintainability of proceedings under exemption argued. (Para 4 , 5 , 6) |
| 3. counterarguments on applicability of exemption. (Para 7 , 8) |
| 4. jurisdiction related to charitable institution exemptions clarified. (Para 9 , 10 , 11) |
| 5. civil revision petitions allowed, prior orders set aside. (Para 12) |
Order:
RENUKA YARA, J.
1. Heard Mr. Sankalp Pissay, learned counsel for the revision petitioner/appellant/respondent and Mr. Murli Narayan Bung, learned counsel for the respondent/respondent/petitioner.
2. The present Civil Revision Petitions are filed aggrieved by the judgment of the Chief Judge, City Small Causes Court at Hyderabad in RCA Nos.33 and 34 of 2023, both dated 23.04.2024, wherein the said appeals were dismissed confirming the orders dated 31.10.2023 of the I Additional Rent Controller, City Small Causes Court, Hyderabad in RC Nos.51 and 43 of 2017 respectively. The learned Appellate Court in RCA No.51 of 2017 confirmed the order of eviction against the petitioner herein and directed to handover the physical and vacant possession of the petition schedule premises to the respondent within two months of th
The trial and appellate courts lacked jurisdiction over eviction matters pertaining to a charitable trust as the property was exempt under the Telangana Buildings Act, highlighting that challenges to....
The court clarified that tax exemption status does not exempt a charitable landlord from compliance with eviction procedures under rent control laws.
The court affirmed that findings of legal character regarding institutions must adhere to established court rulings and cannot be ignored in summary proceedings.
The court established that the exemption from the rent control act could be granted to trusts based on the predominant object of the trust being religious, charitable, or educational, and upheld the ....
The rights of tenants under the Madras City Tenants' Protection Act are extinguished if the property is classified as belonging to a religious charity, especially after legislative amendments.
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