RANU GHOSH Vs. RAI BAHADUR BHUTNATH DEY CHARITABLE

JUDGEMENT

(1.) By this common judgment the aforesaid second appeals are being disposed of, as both the appeals are arising out of common judgment and decree passed by the first Appellate Court, which in turn arose out of the common judgment and decree passed in Civil Suit Nos. 53-A/2002 and 54-A/2002. S.A. No. 246/2007 arises out of Civil Suit No. 53-A/2002 and Civil Appeal No. 3-A/07 whereas S.A. No. 103/08 arises out of judgment and decree passed in Civil Suit No. 54-A/2002 and Civil Appeal No. 4-A/07. Both the suits were filed by the plaintiff/respondent herein namely, Rai Bahaddur Bhootnath Dey Charitable Trust (hereinafter referred to as 'the Trust'). In Civil Suit No. 53-A/2002, the plaintiff/landlord prayed for arrears of rent and eviction on the ground of bonafide need under Section 12(1)(f) of the Chhattisgarh Accommodation Control Act, 1961 (for short 'the Act of 1961') whereas, in Civil Suit No. 54-A/2002, the decree for arrears of rent and eviction was prayed under Section 12 (1)(a) of the Act of 1961. The second suit i.e. Civil Suit No. 54-A/2002 was filed when the plaintiffs application under Section 13 (6) of the Act of 1961 filed in the first suit was allowed by the trial Court, but the High Court in Civil Revision No. 2011/1998 observed that since the said suit was not filed under Section 12 (1)(a) of the Act of 1961, an order striking out the defence under Section 13 (6) could not have been passed. Thus, the second suit under Section 12 (1)(a) of the Act of 1961 was filed subsequently. By order dated 22-7-2002 passed in Civil Suit No. 54-A/2002, both the civil suits were directed to be tried jointly and thus, both the suits have been decided by a common judgment passed by the trial Court as well as by the first Appellate Court.

(2.) The plaintiff/landlord preferred a suit on the pleadings inter alia that Smt. Ava Bose, who was the owner and landlady of the suit house known as "Dey Bhawan" bearing municipal corporation No. 33/218 including the shop No. 218/2 & 218/3, donated the property to the plaintiff trust by registered trust deed dated 20th July, 1994 for the welfare of the public. The defendants are in occupation of shop No. 218/3 as tenants in common of Ava Bose on monthly rent of Rs. 500/-. Change in ownership was intimated by the donor as well as by the plaintiff/donee to the defendants by registered letter dated 26-3-1996 and thus, the defendants became tenant of the plaintiff.

(3.) It was stated that the plaintiff is a charitable trust registered as public trust bearing registration No. 222, dated 21-11-1995 and the trust is running a public school by forming a society known as "Bhootnath Dey Charitable Society" (for short 'the Society') in Dey Bhawan, Budhapara, Raipur. According to the plaintiff, some expansion in the school building was made under the approved plan sanctioned by the Municipal Corporation, however, the construction is incomplete, as the suit shop and other shops are required bonafidely for completing the construction, for furtherance of the educational activities. It was stated that since the plaintiff is a registered public trust, the suit is filed under Section 20 of the Act of 1961 read with Section 106 of the Transfer of Property Act (for short 'the TP Act') and that lease was terminated by a quit notice dated 1-6-1996 made effective at the end of month i.e. 30th June, 1996. However, the defendants failed to deliver vacant possession in spite of service of quit notice and their possession is that of trespasser.