BHAGWAN SHIVRINARAYAN MATH MANDIR Vs. BIRENDRA KUMAR

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the plaintiff are as under:-­ "(i) Whether both the Courts below has erred in holding that Rajeshri Mahant and Ramsunder Das filed suit for eviction ?

(2.) The plaintiff-­trust filed a suit for eviction and arrears of rent against the defendant through its Managing Trustee-­Mahant Ramsunder Das that the defendant did dot adhere to the terms of rent note, by which the defendant's tenancy was terminated by giving 15 days' notice dated 5.2.1997 (Ex.P-­6), despite that the defendant has not vacated the suit premises nor paid rent leading to filing of the suit for eviction and for arrears of rent.

(3.) The defendant has filed his written statement and denied the averments made in the plaint pleading inter-­alia that Mahant Ramsunder Das has no right to file a suit on behalf of trust and tenancy has not been terminated in accordance with law, therefore, the suit deserves to be dismissed.