O R D E R

This Civil Revision Petition has been preferred to set aside the order of learned Rent Controller / X Judge, X Small Causes Court, Chennai dated

25.04.2022 made in R.L.T.O.P. Sr. No.6514 of 2021.

2. The revision petitioners are the petitioners who have filed the original petition for eviction of the respondent from petition mentioned property on the ground that the respondent failed to enter into a written agreement and continue to occupy the premises even after the termination of tenancy and for demolition and reconstruction. The said petition was rejected as not maintainable. Aggrieved over the same, the present Civil Revision Petition has been preferred.

3. Mr. M.L.Ramesh, learned counsel for the petitioners submitted that the learned Rent Controller had chosen to reject the petition filed by the revision petitioners by recording a finding that the petitioners will come under Section 3(d) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as 'the Act') and hence the Act is not applicable to them; the petitioners of the original petition who are the revision petitioners herein are trustees representing their respective trust; the demised property is said to be the property belonging to the trust in which the respondent is a tenant; as per Section 3 (d) of the Act only those trusts which are registered under Indian Trust Act, 1982, are exempted but the petitioners' trusts are charitable trust and for which the exemption under Section 3(d) of the Act will not be applicable; the learned trial Judge has misconstrued the applicability of Section 3(d) of the Act and non-suited the revision petitioners to maintain the petition filed by them before the Rent Court for revision.

4. The petitioners are the trusts and they are being represented by its their respective managing trustees. From the trust deed produced for perusal, it is seen that both the trusts are involved in charitable and religious activities.

5. The Tami Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 exempts certain religious and charitable institutions and any trust registered under the Indian Trust Act, 1982. The exclusion as stated under Section 3 (c)(d) of the Act would read as under:

“3. Nothing in this Act shall apply to:

a... b..

c. Any premises owned by religious or charitable institutions as may be specified by the Government, by notification;

d. any premises owned by Waqf registered under the Waqf Act, 1995 or to any trust registered under the Indian Trusts Act, 1882.”

6. Though Section 3(c) of the Act speaks about certain religious and charitable institutions, the said charitable institutions should have been specified by the Government by a notification. Section 3(d) of the Act would relate to those trusts registered under the Indian Trust Act, 1982. But the subject trusts are no doubt are religious and charitable trusts. The trust deed of the respect petitioners would also read that the object of the trust is to undertake religious and charitable activities. The trusts formed for doing charitable and religious activities will be governed under Charitable and Religious Trusts Act, 1920. If the intention of Section 3(d) of the Act is to include the religious and charitable trusts also, there would not have been the said clause under Section 3(c) of the Act which speaks about the religious and charitable institutions. Section 3(c) of the Act qualifies the premises owned by religious and charitable institutions which are notified by the Government. But in the case in hand, the demised premises which belongs to the charitable trust was not the property notified by the Government in terms of Section 3(c) of the Act.

7. The corresponding provision in the old act (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960) which would give exemption to certain buildings from the purview of the Act is stated under Section 29 of the old Act. For the sake of convenie