RETIBAI Vs. NATHOORAM

JUDGEMENT

(1.) Leave granted.

(2.) Babulal was the tenant of a shop belonging to a temple managed by Phool Maliyan Samaj Mandir Trust, Bhopal (the 'Trust,' for short), whose tenancy was determined by notice dated 14-9-1991 under S. 106 of the Transfer of Property Act. In spite of the tenancy having been determined, Babulal did not vacate the premises. Consequently, the respondents, who were the Trustees of the Trust, instituted a civil suit in the Court of Civil Judge, Bhopal, against Babulal for his eviction. It was pleaded that since the property in question belonged to the religious and charitable Trust, it was exempted from the operation of the M. P. Accommodation Control Act, 1961 (the 'Act,' for short) as provided by S. 3(2) thereof.

(3.) The suit was contested by Babulal, who filed a written statement denying the plaint allegations and pleaded that the suit was liable to be dismissed as it was not based on any of the grounds specified in S. 12 of the Act.