MARWARI RELIEF SOCIETY Vs. AMULYA KUMAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of judgment and order dated 24th April, 2018 passed by the High Court of Jharkhand at Ranchi in Writ Petition (C) No.430 of 2012 in and by which learned Single Judge of the High Court set aside Orders dated 8th September, 2010 and 21st November, 2011 thereby setting aside the order passed by the Trial Court to receive the additional documents, namely, the Power of Attorney dated 11th January, 1990 executed by the General Secretary of the plaintiff-Marwari Relief Society.

(3.) The appellant-plaintiff is a charitable institution incorporated under the Indian Companies Act, 1913 and manages a health resort at Ranchi which is known as Marwari Arogya Bhawan. According to the appellant-plaintiff, there are several residential cottages and also rooms. The person who is availing the facility in the said Society is granted leave and licence to occupy a designated cottage/room on payment of maintenance charges and other establishment charges like electricity charges etc. Case of the appellant-plaintiff is that the respondent-defendant was granted licence to occupy a residential cottage w.e.f. 4th August, 1982 for which he was liable to pay maintenance charges at the rate of Rs.500/- per month and the electrical charges at the rate of Rs.100/- per month and other establishment charges. Alleging that the respondent has not paid the maintenance charges, the appellant-plaintiff issued a legal notice through its advocate on 19th August, 1987, calling upon the respondent to make payment of Rs.20,900/- and further calling upon him to vacate the cottage/quarter. After issuing the notice, the appellantplaintiff filed an Eviction Title Suit NO.5 of 1991 before the Court of the Subordinate Judge at Ranchi. According to the appellant-plaintiff along with the plaint certain documents were filed about which clear reference was made in the plaint.