PADMAWATI AND ORS. Vs. HARIJAN SEWAK SANGH

JUDGEMENT

(1.) BY this petition under Article 227, the petitioner has assailed an order of first appellate Court dismissing appeal of the petitioner.

(2.) THE facts relevant for the purposes of deciding this petition are that one H. Kameshwar was working with Harijan Sewak Sangh, respondent, a registered society in the service of down trodden. Due to his being in service with the respondent, he was allotted premises in question for his residence as an incident of employment. He died on 13.3.1982. The petitioners are legal heirs of late H. Kameshwar and are in possession of the premises allotted to H. Kameshwar since his death. After death of H. Kameshwar, one of the sons was given service on compassionate grounds by respondent but he also resigned on 13.7.1984. The legal heirs of H. Kameshwar did not hand over the vacant possession of the premises allotted to H. Kameshwar after his death or after the resignation of his son and continued to be in illegal possession of this premises from 1984 till date on the basis of litigation in costs.

(3.) LEARNED Counsel for the petitioners argued that learned ARCT in its order observed that respondent Harijan Sewak Sangh was a corporate body and the premises was allotted to deceased as an employee at the time of employment. It is submitted that the observation of the learned ARCT that the respondent was a corporate body was contrary to record. It has not been proved that the respondent was a corporate body. Therefore, the order of the learned ARCT was bad in law.