MANDERAM NAMDEO VAISHNAV SAMAJ TRUST Vs. HARIVALLABH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 20.9.2001 passed by IV, ADJ, Mandsaur in Civil Regular Appeal No. 11 A/2001 whereby the judgment dated 4.12.2000 passed by I Civil Judge class-I, Mandsaur in civil suit No. 74-A/96 whereby the suit filed by the appellant for eviction of the respondent was decreed, was set aside the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a suit for eviction against the respondent on 9.11.94 alleging that appellant is a Trust registered under the provisions of M.P. Public Trust Act. It was alleged that an open piece of land measuring 40x20 ft. was set out by the appellant to the respondent for a sum of Rs. 30/- per month w.e.f. 25.10.88. It was alleged that initially the rent was paid by the respondent for a period of one month on 25.10.88 itself. It was alleged that thereafter no rent is being paid by the respondent inspite of of demand dated 3.8.92 which was duly served on the respondent on 4.8.92. It was prayed that decree of eviction be passed. Vide an amendment in the plaint it was also alleged by the appellant that respondent has denied the title of the appellant over the suit property and is alleging that suit property belongs to Municipality which adversely affects the rights of the appellant.

(3.) The appeal was admitted for final hearing on 14.5.2002 on the following substantial question of law: - 1 .Whether lower Appellate Court was justified in reversing the decree passed by the trial Court which had decreed the suit? 2. Whether finding of the lower Appellate Court that the plaintiff is not competent to file a suit is legally sustainable? 3. Whether the finding with regard to creation of tenancy not being proved is legal and proper?