MUKUNDILAL Vs. JAMA MASJID AND CHHOTI MASJID TRUST

JUDGEMENT

(1.) By this Second Appeal, the Appellants have challenged the legality & propriety of the judgment and decree dated 15.3.1993 passed by the District Judge, Raigarh, in Civil Appeal No. 31 A/91, reversing the judgment and decree of dismissal of civil suit by allowing the appeal and decreeing the suit dated 14.3.1991 passed by the Third Class-II, Raigarh, in Civil Suit No. 69A/87.

(2.) The present Second Appeal is admitted for consideration on the following substantial questions of law:

(3.) As per pleadings of the parties, on 20.2.1984 suit for eviction was filed by Jama Masjid and Chhoti Masjid Trust, Raigarh through Mohd. Rahman against Mukundilal, father of the present Appellants under Section 23-A of the C.G. Accommodation Control Act, 1961 (for short 'the Act, 1961') in which it has been pleaded that Defendant Mukundilal has constructed his house and the Appellant-trust is in need of accommodation for his Imam before the Court of Third Civil Judge Class-II, Raigarh. By filing written statement, Defendant Mukundlal, father of the present Appellants has denied the adverse allegation made in the plaint and pleaded that he has constructed his own house, but has denied the bonafide need of the landlord. He has further pleaded that in the light of exemption under Section 3 of the Act, 1961, suit filed under the provisions of the Act, 1961 is not maintainable. After providing opportunity of hearing to the parties, learned trial Court has dismissed the suit by holding that exemption granted vide Notification No. 1 24(4)-83 - xxx II-I dated 7.9.89 was not retrospective, therefore, present Appellant-trust is not exempted from filing civil suit under the Act, 1961. Judgment and decree impugned was challenged before the lower appellate Court and by allowing the appeal learned lower appellate Court has held that Plaintiff/Appellant-trust therein was entitled to file civil suit for eviction without any ground and also entitled for eviction under Section 12 (1) (i) of the Act, 1961.