SURESH CHAMPATRAO CHINCHOLKAR Vs. MAGAN SANGRAHALAYA SAMITI

JUDGEMENT

(1.) In this appeal filed under section 100 of the Code of Civil Procedure, the appellant-original defendant has challenged the decree for possession passed in respect of a stall in the premises owned by the respondent-original plaintiff. The second appeal was admitted by framing the following substantial question of law:

(2.) The respondent-original plaintiff claims to be a public trust that is duly registered under the provisions of Bombay Public Trusts Act, 1950. The object of the trust is promotion and propagation of Khadi and Village Industry in the City of Wardha. In the premises owned by it, a stall admeasuring 29 ft. X 17.6 ft. is the subject-matter of present proceedings. According to the respondent the appellant had represented to the trust authorities that he was having the knowledge of khadi and village industry and hence was capable of running stalls that were located in the premises of the trust. Accordingly the appellant was permitted to occupy one stall on payment of license fees of Rs. 700/- P.M. for a period of one year. Initially license was executed for the period from 1-4-1997 to 28-2-1998. Thereafter a fresh deed of license was executed for a period from 1-3-1998 to 31-1-1999 and finally for the period from 1-2-1999 to 31-12-1999.

(3.) According to the respondent it resolved to revoke license of the appellant and after passing resolution in that regard, notice dated 2-12-1999 was issued to the appellant. He was called upon to vacate the stall. The appellant replied to the aforesaid notice on 15-12-1999. As he did not vacate said stall, the respondent-trust filed suit for possession along with damages for wrongful use and occupation.