KANTA DEVI Vs. SHIV PARVATI MANDIR

JUDGEMENT

(1.) THE defendant/appellant has filed this appeal against the judgment and decree passed by District Judge, Guna in Civil appeal No. 20-A/1998 affirming the judgment and decree passed by 1st Civil Judge, Class- II, Guna in Civil Suit no. 42-A/96.

(2.) THE appeal was admitted for hearing on following substantial questions of law vide order dated 13-8-1999:-

(3.) THE respondents/plaintiffs filed a suit for eviction on the ground that suit house was in the ownership of Shiv Parvati Temple Trust. The defendant was tenant of the suit house on monthly rent of Rs. 100/ -. The defendant did not pay the rent of the house after December, 1979 in spite of service of notice and also denied the ownership of the plaintiffs. The tenancy of the defendant was terminated vide notice dated 12-9-1988 Exh. P-3. The defendant in written statement denied the pleadings of the plaintiffs. The defendant submitted that the suit was filed by Gangaprasad and Vasudev sharma and those persons were not trustee of the trust. He further submitted that he was tenant of the suit house at a monthly rent of Rs. 25/- and because there was dispute with regard to trustees, hence he did not pay the rent.