LEELA RAM MISHTRI Vs. ADARSH GAUSHALA

JUDGEMENT

(1.) Leela Ram Mishtri is in second appeal as defendant in his original position in the suit. The suit for possession of property brought by Adarsh Gaushala comprised in Khasra # 337 situated at village Satnali, Tehsil and District Mohindergarh [Haryana]. The suit was instituted on 1st May, 2006 based on title to recover the disputed property from the possession of the defendant. The plaintiff Adarsh Gaushala claiming ownership over the property acting through its authorized President Mala Ram Goel instituted the suit by a resolution.

(2.) Adarsh Gaushala rented out the suit property in favour of Mishtri on 1st August, 1977 at Rs. 500/- rent per annum for a period of 6 years. The period of 6 years expired many times over and the defendant continued as tenant holding over. By 2006, the plaintiff felt that the rent was on the lower side and wished to augment its income with higher rent for which it served a legal notice on the defendant on 3rd April, 2006 calling upon him to quit by handing over the peaceful vacant possession of the disputed property in favour of the plaintiff. When the defendant refused, the suit was filed.

(3.) On notice issued, the defendant took several technical objections with respect to maintainability, cause of action, estoppel, court fee, locus standi etc. and on merits, though it was admitted that the disputed property is a part of khasra # 337 but he denied title of the plaintiff nor was Goel authorized to bring the suit on behalf of the plaintiff. The defendant averred that there was a written lease between the parties and the period could be extended from time to time by exercising option. Against the option so exercisable, the periods were extended indefinitely. The defendant asserted that Adarsh Gaushala had no right to terminate the lease. It is the case of neither side that the statutory rent laws were or are applicable to the property in dispute and, therefore, recovery of possession would amount to eviction from the premises.