SURESH KUMAR YADAV Vs. PRASHANT ARORA

JUDGEMENT

(1.) -Being aggrieved by the order dated 26.2.2008, passed by the learned Civil Judge (Senior Division), Bareilly, appellants preferred this appeal.

(2.) THE plaintiffs instituted a suit in the court below praying inter alia as follows :

(3.) IT appears from the plaint that the plaintiffs/appellants have claimed to be the tenants under registered lease deed dated 11th April, 1991 in respect of a shop situated at the ground floor of Shopping Complex at Bareilly. The landlord is a society registered under Societies Registration Act, 1860, and a public trust registered under Bombay Public Trust Act, 1950, having its registered office at Mumbai. The shopping complex belongs to society and the trust, as such any sale or transfer cannot be made without obtaining permission from the Charity Commissioner, Bombay under Bombay Public Trust Act, 1950. IT has been done by the defendant/respondent Nos. 3 and 4 by misconstruing the special power-of-attorney dated 27th November, 2006, by executing sale deed in favour of defendant No. 1. On inquiry, the Charity Commissioner, Bombay, has informed in writing that no permission has been obtained by the defendant Nos. 3 and 4/respondents. Consequently, a charge-sheet in a case crime has been filed against them for such unlawful acts. On the strength of such void transfer dated 8.2.2007, the defendant No. 1/ respondent has pressurised and still pressurising and threatening the plaintiffs-appellants for forcible dispossession, which gives cause of action to institute the suit.