KHAVAS MEGA RAVA Vs. COLLECTOR KUCH DISTRICT

JUDGEMENT

(1.) By this appeal, the appellant has assailed the judgment and decree passed in Regular Civil Appeal No. 49 of 1977, by the learned Assistant District Judge, Kachchh, at Bhuj, on 12-1-1979 by invoking the aids of the provisions of Section 100 of the Civil Procedure Code, 1908 ("Code" for short hereinafter).

(2.) The respondent, herein, is the original plaintiff-landlord and the appellant, herein, is the original defendant-tenant, in respect of the property situated in village Manfara, Taluka Bhachau, District Kachchh, which is hereinafter referred to as "the demised property". The parties are hereinafter referred to as the 'plaintiff and 'defendant' for the sake of brevity and convenience.

(3.) The plaintiff filed Regular Civil Suit No. 5 of 1973, in the court of the learned Civil Judge (J. D.)., Bhachau, at Bhachau, District Kachchh, for arrears of rent and possession of the demised property. The plaintiff is a registered Public Trust. The plaintiff, inter alia, contended that Manfara Charitable Estate Trust is a Public Trust, registered under the provisions of the Bombay Public Trust Act, 1950, and that the Collector of Kachchh District is the sole Administrator of the said Trust. Thus the demised property is the ownership of the plaintiff-Trust. The demised property is consisting of one small room and a big open land with a small room. The plaintiff, inter alia, contended that the defendant is in occupation of the demised property at a monthly tenant and the contractual rent, at the time of the suit, was Re. 0.62 Ps. per month. Month of the tenancy commenced as per the British calendar. The plaintiff-Trust also pleaded that the tenancy of the defendant was terminated by giving registered notice under Section 106 of the Transfer of Property Act, 1982. The notice was replied but not complied with and hence the aforesaid suit was filed for arrears of rent and possession.