VISHWAKARMA MANDIR TRUST Vs. MUNU DEVI

JUDGEMENT

(1.) This appeal has been placed before us on a reference made by a learned single Judge. The only question involved in the case is as to whether only one trustee out of several co-trustees can effectively maintain a suit for eviction from the suit premises belonging to Vishwakarma Mandir Trust.

(2.) The judgment and decree passed in Title Appeal No. 32 of 1976/19 of 1977 dt.25-1-1978 dismissing the plaintiffs suit, earlier decreed by the learned Additional Munsif, Ranchi in Title Suit No. 205/109 of 1973/1975, is under challenge. The plaintiff is the appellant and the defendants are the respondents.

(3.) The plaintiff had filed a title suit for. eviction of the respondents from the suit premises in question and also for realisation of Rs.216/- being the arrears of rent. The eviction was sought squarely on the ground of default as contemplated under S.11(i)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter to be referred to as the Act).