LAWS(MAD)-2002-8-141

MADARASAR E DAMODIA ARABIC COLLEGE Vs. SIRAJ BEGUM

Decided On August 01, 2002
MADARASAR-E-DAMODIA ARABIC COLLEGE Appellant
V/S
SIRAJ BEGUM Respondents

JUDGEMENT

(1.) Plaintiff is the appellant herein. He filed a suit for ejectment and damages for use and occupation. The suit was decreed as prayed for by the trial Court. However, in the appeal preferred by the defendant/respondent herein, the judgment of the trial Court was set aside and the suit was dismissed. Hence, this Second Appeal.

(2.) The plaintiff is a Muslim Educational Charitable Trust. According to the plaintiff, the defendant Siraj Begum took the property on lease on a monthly rent of Rs.25/-. From the month of April, 1984, the rent was enhanced to Rs.100/-. Accordingly, a fresh lease deed was executed on 01.05.1984 between the parties. The plaintiff also effected repairs to the building during the occupation of the defendant. However, the defendant has not paid rent as agreed by her. Therefore, the plaintiff issued a notice on 12.06.1985, terminating the lease and calling upon the defendant to surrender the possession and to pay the arrears. Since the same was not done, the plaintiff filed the suit for the above reliefs.

(3.) According to the defendant, the suit is not maintainable, as the suit has been filed not by the trustees but by the Secretary of the plaintiff. Furthermore, the notice of termination under Section 106 of the Transfer of Property Act would not satisfy the requirements of the said Section. Therefore, the notice is invalid. The allegation that the defendant has executed a rent deed on 01.05.1984 agreeing to pay Rs.100/- is not true. Therefore, the suit is liable to be dismissed.