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TMI Blog1996 (8) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Division Bench of the Madras High Court dated August 11, 1986 made in Writ Appeal No.761/1986. The undisputed facts are that the appellant middle imparting education upto the 8th standard was established way back in 1929 upto the 8th standard. It is an aided institution. The landlord filed an application for eviction of the school and decree of eviction came to be passed. The appellant had m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial leave. The only question which arises for consideration is : whether the acquisition is for a public purposes? The High Court has taken the view that since the appellant- institution is being run by an individual which is not a registered society under the Societies Registration Act it is neither a company not a society and, therefore, acquisition does not serve any public purpose but only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short), the 'Education 'Act'). Section 3 defines educational agency in relation to any other private school to mean any person or body of persons permitted or deemed to be permitted under this Act to establish and maintain such other private institution. Section 5(1) of the Act envisages that the educational agency of every private school proposed to be established on or after the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, language or any of them . Thereby the educational insitution receiving aid is an instrumentality or education agency of the State imparting education opn behalf of the State which is a fundamental right of the citizens. It is not in dispute that the entire expenditure for the acquisition is being met from the public funds, as accepted by the High Court. Under those circumstances, it is clearly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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