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Judgment
Leave granted.
These appeals arise out of Judgment and order dated 05.03.2015 in R.A. No.154 of 2014 and dated 14.08.2014 in CRP No.1152 of 2014 passed by the High Court of Madras at Madurai Bench.
The decree for eviction in favour of the appellant became final. During execution, a plea was raised by the respondents that the tenant was protected under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. This plea has been upheld by the impugned order. The High Court held that the appellant was a private trust as per its title and therefore exemption from Rent Act in favour of public trusts was not applicable. Consequently, the decree passed by the trial court has been held to be inexecutable.
We have heard learned counsel for the parties.
Learned counsel for the appellant stated that mere description or the name could not be taken as determinative of the character of the appellant-trust without examining the nature of the trust. The trust in question is in fact for the benefit of public and thus public trust. We find merit in the contention. The High Court was in error in interfering with the decree passed in favour of the appellant.
In view of above, we set aside the impugned order and allow these appeals. No costs.
The respondents are however granted one year time to vacate and hand over peaceful possession to the appellant-Trust, subject to the respondents filing an undertaking in this Court within a period of eight weeks from today to the effect that all arrears of rent will be paid to the appellant within a period of eight weeks from today and future rent will be paid by the 17th of every succeeding month. The respondents will also undertake to hand over vacant possession, on or before 29th February, 2018, and will not induct any third party in the said premises.
Pending applications, if any, shall also stand disposed of.