CENTENARY METHODIST CHURCH Vs. M MANOHAR

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order passed by the Chief Judge, City Civil Court confirming the order of III Assistant Judge granting temporary injunction in favour of the respondent-plaintiff pending the disposal of the suit.

(2.) The respondent herein filed a suit for permanent injunction restraining the defendant-Church (petitioner herein) from interfering with his possession and enjoyment of the suit schedule premises. The Case of the respondent is that in consideration of the services rendered by him to the Christian children, he was permitted by the Church authorities to occupy the cellar portion of three rooms which is part of the Church building complex. He states that he has been occupying the suit premises for more than twelve years. The respondent alleges that on 27-1-1994, the defendant threatened the family members of the respondent of dire consequences if the premises was not vacated by 31-1-1994. This was followed by further threats, according to the respondent. As the police did not take action, the suit was filed to protect his possession.

(3.) The petitioner-defendant contended that the respondent was allowed to reside in the suit premises on humanitarian grounds for a short time as he was a member of the Church. Subsequently, the respondent constructed a house bearing Number 5-5-366 at Patel Nagar behind Gandhi Bhavan. As the suit premises was required for the purpose of certain Church activities, the Church authorities called upon the respondent in June, 1990 to vacate the rooms which he was occupying. This was followed by reminders by means of letters dated 4-2-1993 and 30-4-1993. It is the case of the petitioner that the respondent assured the petitioner that he would vacate the premises by 15-5-1993 soon after the schools were closed. There was a further request to extend the time for celebrating his daughter's marriage in June, 1993. Though a letter was addressed by the petitioner to vacate the premises by 27-9-1993, the respondent refused to receive the letter. On 29-11-1993, the co-ordination committee of the Church decided to authorize the Chairman of property subcommittee to take necessary action to evict the respondent. The respondent, in response to final notice gave a categorical undertaking that he would vacate the premises within one month, i.e., by 29-1-1994. Thereafter, he filed the suit and obtained an ex-parte injunction. The alleged threats are denied by the defendant.