GURU VISHWAKARMA MANDIR LABOUR UNION Vs. OM PARKASH

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff-appellant against the judgment and decree dated 20-11-1978 passed by Senior Sub Judge (exercising the enhanced appellate powers), Ambala. by which the appeal of the defendant respondent was allowed and the judgment and decree dated 24.11.1976 passed by the trial Judge was set aside and the suit filed by the plaintiff appellant was dismissed.

(2.) BRIEFLY stated, the facts of the case are that the plaintiff appellant is a registered Union and Bhagwan Dass is the General Secretary of this Union and he has been authorised to file this suit, vide resolution dated 29.5.1975; that there is a garden attached to the Mandir and the plaintiff Union gave that garden to the defendant on chakota at the rate of Rs. 200/- for the period from 10.2.1974 to 9.1.1975 and the defendant executed an agreement in favour of the plaintiff Union on 11.2.1974 and agreed to pay the amount in instalments of Rs. 50/- each and it was further agreed that, in the case of default in the payment of any instalment on the part of the defendant, the plaintiff Union would be entitled to revoke the agreement and eject the defendant from the garden. It has been alleged by plaintiff Union that the period of chakota has expired but the defendant being a licensee only, has not vacated the garden land and he paid Rs. 150/- and the remaining amount of Rs. 50/- is still due to be paid by the defendant. It has also been alleged that the breach was committed by the defendant and accordingly, a notice was given to the defendant on 24.4.1975 to vacate the land within a week and deliver the possession to the plaintiff Union. On these facts this suit for recovery of Rs. 50/- as well as a mandatory injunction has been filed by the plaintiff Union with the prayer that the defendant may be directed to vacate the garden belonging to the plaintiff-Union.

(3.) ON the pleadings of the parties, the following issues were framed :-