SHRI BHAGWATACHARYA NARAYAN DHARMARTH TRUST Vs. JAI PRAKASH

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 26.7.96 passed by IInd Addl District Judge, Jhabua in Civil Appeal No.2-A/96, whereby the judgment and decree dated 19.2.96 passed by Civil Judge Class II, Alirajpur in Civil Suit No.36-A/91, whereby suit filed by the appellants for eviction was dismissed, was maintained, the present appeal has been filed.

(2.) THE appeal was admitted by this Court vide order dated 21.8.97 on the following substantial question of law:-

(3.) SHRI N.K.Maheshwari, learned counsel for the respondent, submits that no illegality has been committed by the learned Courts below in holding that need of the appellants is not bonafide. It is submitted that the Trustees are from Mumbai and whole object is to get the suit accommodation vacated and sell out the property on higher price. It is submitted that the Trust is registered under the provisions of Bombay Public Trust Act, therefore, suit filed by the appellants is not maintainable. It is submitted that appeal filed by the appellants be dismissed.