REG VIDHICHAND DHARAMSHALA TRUST Vs. SHYAM SINGH

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff/landlord against a remand order dated 15-7-2009 passed by the Court of Second Additional District Judge, Gwalior.

(2.) Short facts, relevant for the purposes of this appeal are that the plaintiff/appellant is a registered Public Trust. It instituted a suit for eviction and recovery of arrears of rent on grounds under sections 12(l)(a), (b) and (c) of the M. P. Accommodation Control Act, 1961. It is pleaded in the plaint that the plaintiff is the registered Public Trust whose entire income is utilised for public benefits like education, medicine and financial aid to old and helpless persons. It is exempted from the provisions of the M. P. Accommodation Control Act, therefore it is not required to prove any of the grounds under the Act. The tenancy of the defendants has been duly terminated by issuing notice dated 8-5-2001. Despite such termination, the defendants did not vacate the suit premises, hence, the suit.

(3.) Suit of the plaintiff was opposed on various grounds. It was denied that the entire income of the plaintiff/trust was being utilised for the purposes stated in the plaint.