PRINCIPAL JNV, THINGDAWL Vs. ANIL KUMAR SHARMA

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel for the appellants and Mr. Johny. L. Tochhawng learned counsel for the respondents.

(2.) This appeal is directed against the impugned Judgment and Order dtd. 10/4/2019 passed by Senior Civil Judge, Kolasib in Civil Suit No. 6 of 2012, wherein the Trial Court has directed the appellant to pay a sum of Rs.5,00,000.00 to the plaintiff which, according to the appellant is without any lawful justification and in conflict with the material evidence on record.

(3.) The brief facts of the case is that the Appellant is a Nonprofit, Education Institution (CBSE), Christened 'Jawahar Navodaya Vidhalaya' (JNV) primarily functioning for the upliftment of the education with a minimum cost. A tender notice was floated for one financial year i.e. 2010-2011 for a TUCK SHOP to meet the needs of the institution, wherein, the Respondent/plaintiff had responded to the said tender which was then allotted to him with a permission to run the Tuck shop for the financial year 2010-2011. Thereafter, on his own risk he constructed a permanent structure for running the TUCK SHOP within the JVN premises. That the conduct of the respondent being dissatisfactory, the appellant on the expiry of the term of the said TUCK SHOP intimated to vacate the Vidhalaya campus by letter dtd. 13/4/2012. The respondent in turn, claimed compensation of Rs.30,57,187.00 for his voluntarily permanent construction since the appellants did not raise any object during the construction. That from the pleadings of the parties seven issues were framed by the trial court as under :