Nirmal Kumar vs Shree Jain Khartargachh Sangh ...
2011 Latest Caselaw 1335 Del

               IN THE HIGH COURT OF DELHI AT New Delhi

                        C M (M) No.1585/2010

                                   Date of Decision:- 07.3.2011



      Nirmal Kumar                                    ........Petitioner
                                         Through:     Mr. V. K.
                                         Sharma, counsel for the
                                         petitioner

                             Versus

      Shree Jain Khartargachh Sangh (Regd.)       ........ Respondent

                                         Through: Mr. Ashish Jain,
                                         counsel for the respondent

      CORAM:
      HON'BLE MR. JUSTICE S.L. BHAYANA

      1.     Whether reporters of local paper may be
             allowed to see the judgment?                  Yes
      2.     To be referred to the reporter or not?        Yes
      3.     Whether the judgment should be referred in Yes
             the Digest?
S. L. BHAYANA, J.

The present petition under Article 227 of the Constitution of

India has been filed by the petitioner against the order dated

4.12.2010 passed by Additional Rent Controller (for short as "the

Controller") Delhi, wherein application to lead additional evidence

has been dismissed.

2. The word Shri Jain Khartargachh Sangh referred as "Sangh"

and the word Shree Jin Kushal Suri Jain Khartargachh Dadabari

Trust referred as "Trust".

{C.M. (M) 1585/2010} Page 1

3. The brief facts of this case are that the property in dispute

is property of the Deity and Shree Jin Kushal Suri Jain

Khartargachh Dadabari Trust is managing the same since long..

The suit property came to the Trust in 1987.

4. The suit property is situated in Temple and belongs to

"DEITY". Sangh has let out same property for and on behalf of the

Deity who is the owner and landlord of the property.

5. The Sangh has handed over the entire management and

control of the suit property belonging to the Deity to Shri Jin

Kushal Suri Jain Khartargach Dadabari Trust vide letter dated

20.9.87. The letter was issued only after the General Body

Meeting of Shri Jain Khartargachh Sangh, Delhi had approved it,

and moreover Trust was also formed and the same has been

registered with the Registrar.

6. Since then the management and the entire control of the

suit property is with Shree Jin Kushal Khartargachh Dadabari

Trust which has been collecting/receiving the rent from the

Tenants, and is in exclusive possession and control of the entire

property.

7. I have heard the arguments advanced by the counsel for

both the parties and perused the record carefully.

8. I find that the Eviction case is pending since 8.11.1994. The

Restoration application was filed by the petitioner herein under

Order 18 read with section 151 of Code of Civil Procedure, 1908,

{C.M. (M) 1585/2010} Page 2 on 22.9.10, more than 5months after dismissal of earlier

restoration application on17.2.2010. The petitioner was unable to

explain the delay in the above said application. The record shows

that the petitioner has been unable to conclude the evidence

since 3.12.2003. Thus, the conduct of the petitioner shows that

the only objective of the petitioner is to somehow prolong the

trial and disposal of the case.

9. Thus, the Trial Court has given a detailed and reasoned

order which does not call for any interference nor the same

suffers from any infirmity or erroneous exercise of

jurisdiction.

10. The present petition is hereby dismissed accordingly.

However, there will be no order as to costs.

S.L BHAYANA, J.

March 7th, 2011




{C.M. (M) 1585/2010}                                                 Page 3