INDRAVADAN TRIKAMLAL AND OTHERS Vs. PARIMAL CO

JUDGEMENT

(1.) The Respondent, a Cooperative Housing Society - sued Appellant No. 1 - Rajnagar Club - for a decree for possession of the suit premises together with arrears of rent, mesne profits, notice charges and costs of the suit. Pending the suit, the Respondent impleaded as defendants the oilier appellants who are the Office-bearers of Appellant No. 1. The Respondent also applied for and obtained a permission under Order 1 Rule 8 of the Code of Civil Procedure as there were quite large number of members of Appellant No. 1 Club. Necessary notice under Order 1 Rule 8 of the Code of Civil Procedure as published.

(2.) In the plaint, the respondent contended that in Ellisbridge Town Planning Scheme No. 3 at Ahmedabad, there is a property known as 'Parimal Gymkhana' of the ownership of the respondent, and in that property, there is a building known as 'Bhanumati Pavilion' bearing Survey No. 715-2-3. The Respondent stated that the aforesaid building known as 'Bhanumati Pavilion' except one room therein is the subject matter of the suit. It is the case of the Respondent that it has leased out the subject matter of the suit to Rajnagar Club with effect from Aug. 11,1954, at a monthly rent of 83 Rupees 5 Annas and 4 Paise. The municipal taxes and electricity consumption charges were to be borne by the tenant Rajnagar Club. A rent note of the demised premises was executed on Dec. 24, 1954. The month of tenancy commences from the 1st day of every English Calendar Month.

(3.) It is also averred in the plaint that as per the terms of the lease, the Respondent was entitled to use the demised premises for the purpose of holding annual general meetings and the meetings of the executive committee of the Respondent during morning hours.