ORDER

This Civil Revision Petition has been filed to set aside the order dated 08.11.2019 passed in un-numbered E.A.Sr.No.49418 of 2019 in E.P.No.1159 of 2019 in O.S.No.1896 of 2002 on the file of the IX Assistant Judge, City Civil Court, Chennai, thereby rejected the application filed under Section 47 of CPC.

2. The petitioner is the defendant in the suit filed by the respondents for ejectment in respect of the suit schedule property. According to the respondents, they owned the suit property and the income from the suit property is being used for imparting and promoting secular and Religious (Deeniyath) Education among the public. They are running and maintaining three educational institutions. The petitioner is one of the tenant occupying non-residential portions in the suit schedule property. He is occupying one terraced premises admeasuring 2313 sq.ft., one trussed shed admeasuring 2205 sq.ft. and one rear side premises admeasuring 315 sq.ft in the ground floor of the suit schedule property. The petitioner has been paying rent of Rs.3600/- to the respondents. He is also not regularly paying the rent. The suit property has become very old and dilapidated and poses danger to the passers by and as well to the occupiers. The respondent Trust is a Public Religious and Charitable Trust and they are exempted from the purview of Tamil Nadu Buildings (Lease and Rent Control) Act, by virtue of G.O.Ms.No.2000 dated 16.08.1976. After execution of notice, the respondents filed a suit.

3. The petitioner filed a written statement and had taken a specific stand that the suit property has been vested in the hands of the Trustees and in the same breath, the Trust Deed recites that it is Wakf name. If the suit property is a Wakf, it should have to be notified in the Gazette under the provisions of the Wakf Act and G.O.Ms.No.2000 dated 16.08.1976 would apply only to notified Wakfs and not otherwise. The respondents Trust, admittedly being not a notified Wakf under the provision of the Wakf Act, cannot claim exemption under G.O.Ms.No.2000. Therefore, the petitioner, being a statutory tenant, is entitled to the protection of Tamil Nadu Buildings (Lease and Rent Control) Act.

4. The Trial Court concluded that whether the suit property is a Public Trust or Private Trust, the petitioner admitted that he is one of the tenancy under the respondents Trust. Therefore, the Tamil Nadu Buildings (Lease and Rent Control) Act would not apply to the suit premises and the respondents rightly filed a suit for ejectment by terminating the lease. Aggrieved by the same, the petitioner preferred an appeal, in which the following points arose under consideration :- ?

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1/ thjp bghJ mwff; ll; is vd;w tiuaWf;Fs; cs;s mikg;g[ ,yi; yah ? 2/ thlif xg;ge;jji; j uj;J bra;J.

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3/ jhth brhj;jpy; cs;s fl;olk;

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4/ tprhuiz ePjpkd;wj;jpd; jPh;g;g[

kw;Wk; jPh;g;ghiz efP f; ut[ bra;aj;jff; jh ?

5. The Appellate Court concluded that though the Trial Court did not frame any issue whether the respondents Trust is a Trust or Wakf, the petitioner herein admitted that he is a tenant under the respondents Trust. The Appellate Court also relied upon the Judgment reported in 2012 SCC 2362 in the case of Maharastra States Board Wakf Vs. Shake Yusuf Bai Challa and concluded that the respondents Trust is not Wakf property and it is a public Trust created for Education, society and Islamic Religion purpose. Therefore, the suit is very much maintainable for ejectment and dismissed the appeal suit. Aggrieved by the same, the petitioner preferred second appeal in S.A.No.1200 of 2014 and the same was also dismissed by this Court by a Judgment and Decree dated 09.12.2014.

6. Pending second appeal, the petitioner made a specific request to vacate and hand over the suit premises to the respondents and sought six months time. Considering the sa