S.A. No. 869 of 2009. Case: Shrimal and Ors. Vs Shri Achal Gachh Kachhi Visa Oswal Jain Shwetambar Dharmik Parmarthik Nyas and Ors.. Madhya Pradesh High Court

Case Number:S.A. No. 869 of 2009
Party Name:Shrimal and Ors. Vs Shri Achal Gachh Kachhi Visa Oswal Jain Shwetambar Dharmik Parmarthik Nyas and Ors.
Judges:N.K. Mody, J.
Issue:Madhya Pradesh Accommodation Control Act; Wakf Act, 1954; Madhya Pradesh Public Trust Act, 1951 - Sections 3, 3(2), 12 and 20; Transfer of Property Act - Section 106
Citation:2011 (1) MPLJ 468
Judgement Date:August 17, 2010
Court:Madhya Pradesh High Court
 
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Judgment:

N.K. Mody, J.

  1. Being aggrieved by the judgment dated 30-11-2009 passed by Additional District Judge, Shujalpur, District Shajapur in Civil Appeal No. 1/07, whereby the judgment dated 15-12-2006 passed by Civil Judge, Class-I, Shujalpur in Civil Suit No. 102-A/05 whereby the decree of eviction was passed against the Appellants, was maintained, the present appeal has been filed.

  2. Short facts of the case are that the Respondents/trust filed a suit for eviction against the Appellants on 27-8-2004 alleging that the Respondent Shri Achalgachchh Kachchhi Visa Oswal Jain Shwetambar Dharmik Parmarthik Nyas Trust is a religious and charitable trust, which is registered under the provisions of Public Trust Act by the Registrar, Public Trust, Shujalpur vide order dated 10-2-1992. It was alleged that Respondent trust is having a property situated at Shastri Marg, Shujalpur. It was alleged that Appellants are tenant in the shop Nos. 1, 2 & 4 and are paying rent @ Rs. 50-50 for shop Nos. 1 & 2 and Rs. 26/- for shop No. 4, totalling Rs. 126/- per month. It was alleged that Appellant No. 1 and Chandarmal were doing the business in partnership in the name and style of M/s Gendmal Shrimal Jain. It was alleged that Chandarmal has died. It was alleged that Appellant No. 1 and deceased Chandarmal were paying rent @ Rs. 126/- per month. It was alleged that Appellant Nos. 2 to 5 are legal representatives of deceased Chandarmal. Further case of the Respondent/trust was that the Respondent/trust requires the suit accommodation bona fidely for carrying on the trust activities. It was alleged that in the adjoining premises which is shown in Schedule A Respondent/trust is running a Charitable Hospital which is known as Mahaveer Chikitsalaya. It was alleged that Respondent/trust requires the suit accommodation for further extending the activities of the hospital and other religious and Charitable activities. It was alleged that vide resolution dated 27-10-2003 Respondent/trust has resolved to take appropriate steps against the Appellants for eviction. It was alleged that vide notice dated 5-7-2004 tenancy of the Appellants were terminated w.e.f. 31-7-2004. Notice was duly served. It was alleged that the income of the trust from the land is being spent for Charitable activities of the trust. It was prayed that decree of eviction be passed against the Appellants.

  3. The suit was contested by the Appellants by filing written statement...

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