UNION OF INDIA Vs. HARI TARA CHARITABLE TRUST

JUDGEMENT

(1.) THIS appeal (LPA) is directed against the judgment and decree dated December 27, 1995 passed in Civil 1st Appeal (CIA No. 52/94) by the learned single Judge whereby the judgment and decree dated 6.7.1994 passed by the learned District Judge, Jammu (in Civil Suit No. 80/94) was confirmed. The factual matrix of the case briefly stated is that respondent No. 1 herein namely, Hari Tara Charitable Trust, through its trustees (respondents Dr. Karan Singh and Smt. Yashu Raja Lakshmi) filed the suit of ejectment against the appellants in respect of houses alongwith lawns, vacant lands and roads appurtenant thereto bearing Nos. 3-A, 3-B, 4-A and 4-B. These quarters are known as Manda quarters. The lease of Quarter No. 3-A had commenced from 10.8.1965, of Quarter No. 3-B from 17.8.1965, of Quarter No. 4-A from 1.7.1965 and Quarter No. 4-B from 16.11.1967. The monthly rent of each Quarter was Rs. 325/-.

(2.) RESPONDENT Trust had terminated the tenancy by giving notice under Section 80 of the Code of Civil Procedure. The tenancy of quarter No. 3-A terminated on 9.9.1984; of 3-B on 16.9.1984, of 4-A on 30.9.1984 and of 4-B on 15.9.1984 respectively. It was stated in the notice that on failure to vacate the above stated premises on the dates stated above, compensation for use and occupation at the rate of Rs. 3000/- per quarter had to be paid by the appellants. the appellants herein had failed to vacate the said quarters and respondent No. 1 on 23.3.1985 filed the suit in this Court which on 19.5.1988 was transferred for trial to the Court of learned 1st Addl. District Judge, Jammu. The learned Judge showed his inability to try the suit on personal reasons and made a reference to this Court for re-transferring the suit to some other Court. The reference was accepted and on May 13, 1995, the suit was transferred for trial to the Court of learned District Judge, Jammu. During the trial of the suit, two of the quarters in question, namely, 3-A and 3-B were purchased by Sh. Tirath Singh from respondent No. 1 and he made an application to be impleaded as a party in the proceedings. The application was accepted and vide order dated 16.5.1994, the learned District Judge, Jammu impleaded Mr. Tirath Singh as plaintiff No. 2. The trial Court had passed the decree in respect of all the above stated four quarters but in the decree- sheet, the name of plaintiff No. 2 (Sh. Tirath Singh) was not shown. After obtaining the decree of ejectment in its favour respondent No. 1 sold the remaining two quarters in question, namely, 4-A and 4-B in favour of respondent No. 3 herein (Sh. Tirath Ram Amla). The appellants entered into compromise with the vendee (plaintiff No. 2 Sh. Tirath Singh) and did not file appeal against him. They, however, challenged the judgment and decree passed in respect of Quarters Nos. 4-A and 4-B and impleaded the vendee, Sh. Tirath Ram Amla as respondent No. 3 in the memo of appeal. In the suit respondent No. 1 had claimed the following reliefs :-

(3.) ISSUE No. 1 was decided in favour of respondent No. 1. Issues Nos. 2, 3, 4 and 5 were decided against the appellants. Issue No. 6 was decided in favour of respondent No. 1. While deciding the issue it was held that there was a deemed admission made by the appellants for accepting the service of the notice of ejectment. The contents of the notice were perused and it was found valid under law. Issue No. 7 was not pressed by respondent No. 1. The prayer of respondent No. 1 was accepted in order to enable it to make the claim of the damages after the decision of the case subject to just exceptions of law. Issue No. 8 was decided against the appellants. Respondent No. 1 had withdrawn the claim of the relief sought in issue No. 9. On the above said findings on the issues, issue No. 10 was decided and decree for ejectment of the appellants from the quarters in question was passed with a relief to pay Rs. 4,200/- as compensation for use and occupation of the premises for a period of 4 months along with interest at the rate of 12% per annum pendente lite.