LAWS(SC)-1969-3-58

BASUDEO PRASAD SINHA Vs. GENDA MAHTO

Decided On March 11, 1969
Basudeo Prasad Sinha Appellant
V/S
Genda Mahto Respondents

JUDGEMENT

(1.) This is a plaintiffs appeal by special leave from the judgment and decree of the Patna High. Court in a suit instituted by the Koeri Hitkarini Punchit Hat Samiti for a declaration that it was the owner of the building of the Gola and the Sahan described in the plaint and that the defendants who were originally tenants at will of these properties had become trespassers and were liable to be ejected and for possession thereof.

(2.) The facts may be stated. In the year 1927, the Koeri community of "Pachhim Jewar" of Patna decided to construct a Hat (market) for which subscriptions were raised and lands were purchased. There was a meeting of the general body and the aims, objects, rules and Constitution of the Hat were settled. Although the Society was named as the Koeri Hitkarini Panchit Hat Society it was not registered until the year 1953 as a Society under the Societies Registration Act 1960. Out of the lands which were purchased for the Hat there were certain plots which were acquired from Nathu Mahto the father of Genda Mahto and Thakur Mahto defendants. The persons who carried on the work of the Society and in whose names the sale deeds of the lands were executed were Known as Panches, The father of the defendant Nathu Mahto was one of such Panches. Since the defendants wanted to start a vegetable business in the said Hat it was necessary to raise a structure. An agreement was entered into between the Samiti and the defendants the main terms of which were that the defendants were to construct a Gola at a cost of approximately Rs. 1500/-. They were to pay an annual rent of Rs. 100/- for the Gola and the amount of Rs. 1500/- was to be adjusted towards the rent. After full adjustment the Gola was to become the property of the Samiti. The real controversy which will be presently considered has centered on the status of the defendants, namely, whether they were defendants at will or permanent tenants.

(3.) It appears that it was decided that since the sale deeds by which the lands had been acquired for the Hat had been executed in the names of the Panches, the ownership of those lands in the name of the Samiti in the municipal registers be got mutated. For that purpose a petition was filed on May 19, 1928 before the Vice-Chairman of the Patna City Municipality (Exh. D-1). The was signed by the two defendants and four other Pacnesh. The following paragraphs of that petition may be reproduced: