DAYARAM Vs. CHARBHUJA NATH MANDIR PANCH MAHESHWARIYAN

JUDGEMENT

(1.) Being aggrieved by the judgment dated 17/01/2008 passed by III additional District Judge, Mandsaur in Civil Appeal No.44-A/07 whereby the judgment dated 29/07/06 passed by III Civil Judge, Class-I, Mandsaur in Civil Suit No. 97-A/2000 whereby the suit filed by respondent was decreed, was maintained, the present appeal has been filed.

(2.) Short facts of the case are that on 21.12.98 respondent filed a suit against the appellant alleging that the respondent is a public Trust registered under the provisions of M.P. Public Trusts Act. It was alleged that respondent is owner of suit accommodation situated at Nayapura Road, Mandsaur, in which appellant is tenant @ Rs.30/- per month and is carrying on Hotel. It was alleged that respondent is irregular in payment of rent and is in arrears of rent w.e.f. 1.4.95. It was alleged that inspite of notice dated 1.1.98 appellant has paid only a sum of Rs. 840/-, but is still in arrears. It was alleged that respondent requires the suit accommodation for carrying on the activities of respondent Trust, for which respondent is having no other alternative accommodation. It was further alleged that vide resolution dated 18.6.98 President of the trust was authorised to file a suit and it was prayed that decree of eviction be passed. Vide amendment dated 24.9.04 it was alleged that vide notice dated 2.8.98 tenancy of the appellant was terminated w.e.f. 31.7.98.

(3.) After framing of issues and recording of evidence, learned trial Court decreed the suit, against which an appeal was filed, which was dismissed, hence this appeal.