SOMNATH TRUST Vs. JAMNADAS MADHAVJI INTERNATIONAL LTD

JUDGEMENT

(1.) This Appeal From Order is filed by the appellant - Trust, namely, Somnath Trust against the order passed by the learned Civil Judge (S.D.), Veraval below an application Exh. 5 in Special Civil Suit No. 135 of 2003 whereby the present appellant - original defendant No.1 was restrained from dispossessing the present respondent from the suit leased land and was also restrained from disturbing the possession in respect of the said land till the final disposal of the suit. The learned Trial Judge has also directed to remove the Notice Board installed on the boundary of the suit land within 30 days of the said order and directed the appellant to pass pursis to that effect and if the said Notice Board is not removed as directed within the period, the present appellant was permitted to remove the said notice board at the cost of the appellant.

(2.) It is the case of the appellant that a Partnership Firm, namely, Jamnadas Madhavji & Company was granted by the appellant - Trust, Sub-lease of the land admeasuring about 8903 Sq. Mts. from Survey No. 1791 of Prabhaspatan, Veraval from 04.11.1977 from amongst various lands granted to the appellant Trust by the Govt. for 999 years. A Regd. Sub-lease Deed was executed on 14.02.1986 wherein various terms and conditions were set out. On 02.06.2003, the appellant Trust, after putting warning notice on the land and placing guard over it, had given notice to the Power of Attorney Holder of the sub-lessee Jamnadas Madhavji & Company, pointing out that the terms and conditions of the sub-lease were violated by the sub-lessee and called upon him to show cause as to why the sub-lease should not be terminated. The sub-lessee has given reply to the said notice on 09.06.2003 admitting the fact regarding non-payment of rent and also submitting that there could be no objection to the statement made in the warning notice and further requesting to remove the guard which was placed by the appellant - Trust.

(3.) It is further stated that the appellant - Trust thereafter gave Regd. notice dated 15.09.2003 to the Power of Attorney Holder of the sub-lessee terminating the sub-lease and canceling it for breach of conditions of sub-lease and informed that sub-lessee has no right whatsoever on the said land. The sub-lessee, thereafter served a telegram dated 20.09.2003 in response to the notice issued by the appellant - Trust. A letter was issued by the appellant - Trust on 26.09.2003 and on 28.09.2003 wherein it was stated that the possession of the disputed land was with the appellant - Trust and no disturbance of any one would be allowed in the said land. Despite this fact, the present respondent has filed Special Civil Suit No. 135 of 2003 before the Court of Civil Judge (S.D.), Veraval and obtained the order of injunction against the appellant - Trust.