Rashtiya Jain Shiksha Samiti ... vs Shri Digamber Jain (Nasiya Ji) ...
2023 Latest Caselaw 5397 MP

                                                         1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 1 st OF APRIL, 2023
                                         SECOND APPEAL No. 2409 of 2022

                         BETWEEN:-
                         1.    RASHTIYA JAIN SHIKSHA SAMITI DAMOH
                               THROUGH    PRESIDENT    RASHTIYA  JAIN
                               SHIKSHAN SAMITY DAMO (MADHYA PRADESH)

                         2.    PR ES I D EN T, SHAHTRI SMARAK SHIKSHAN
                               SANSTHA,      JAIN   SCHOOL MAGANJ WARD,
                               DAMOH (MADHYA PRADESH)

                         3.    RAGHUVEER PRASAD MODI, RASHTRIYA JAIN
                               HIGHER SECONDARY SCHOOL , DAMOH
                               THROUGH PRINCIPAL JAIN SCHOOL DISTRICT
                               DAMOH (MADHYA PRADESH)

                                                                              .....APPELLANT
                         (BY SHRI VAIBHAV JAIN-ADVOCATE )

                         AND
                         1.    SHRI DIGAMBER JAIN (NASIYA JI) TRUST ABHAY
                               KUMAR    JAIN  NOT MENTION        (MADHYA
                               PRADESH)

                         2.    SHRI JAIN DHARMSHALA AND SHRI DEV
                               PARADNATH JI MANDIR(NASIYA JI) THROUGH
                               SAMITI   MEMBER NOT MENTION (MADHYA
                               PRADESH)

                         3.    ABHAY KUMAR JAIN S/O SHRI PURAN CHAN
                               JAIN, AGED ABOUT 62 YEARS, NOT MENTION
                               (MADHYA PRADESH)

                         4.    RAJESH KUMAR JAIN S/O SHRI GOKAL CHAND
                               JAIN, AGED ABOUT 59 YEARS, NOT MENTION
                               (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                         (BY SHRI A.K. JAIN-ADVOCATE )
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 4/6/2023
11:52:21 AM
                                                              2
                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                               ORDER

This second appeal has been preferred by appellants/defendants/tenants

challenging the judgment and decree dated 26.08.2022 passed by 3rd District Judge, Damoh, District Damoh in Civil Appeal No.1300046-A/2016 affirming the judgment and decree dated 29.09.2016 passed by Additional Civil Judge Class-I to the Court of 1st Civil Judge Class-I, Damoh, District Damoh in Civil Suit No.30-A/2011, whereby suit for eviction of the suit premises shown in plaint map from red ink along with mesne profit of Rs.40/- per month w.e.f.

31.07.2009 till its realization, has been decreed.

2. Learned counsel for the appellants submits that without joining all the trustees of the public trust, suit was not maintainable. He further submits that the learned Courts below have not considered this aspect of the matter and erred in decreeing the suit. However, learned counsel for the appellants has failed to point out any objection raised in the written statement in that regard. With the aforesaid submissions, learned counsel for the appellants prays for admission of the second appeal.

3. Learned counsel appearing for the respondents supports the impugned judgment and decree and prays for dismissal of the second appeal.

4. Heard learned counsel for the parties and perused the record.

5. Bare perusal of the written statement shows that no objection in respect of non impleadment of all the trustees has been raised in the written statement. Only objection in respect of registration of trust was raised by the defendants in the written statement and with a view to meet out the said objection, plaintiffs have submitted document showing registration of public trust (Ex.P/2), Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 4/6/2023 11:52:21 AM

therefore, learned Courts below held that the plaintiffs being registered public trust, suit is maintainable. Learned Courts below have further considered the validity of notices dated 18.07.2008 (Ex.P/3) and 11.08.2008 (Ex.P/8) issued by the plaintiffs under Section 106 of the Transfer of Property Act and decreed the suit. Undisputedly, the provisions of M.P. Accommodation Control Act, 1961 are not applicable to the present suit, therefore, in my considered opinion, learned Courts below have not committed any illegality in decreeing the suit for eviction under the General Act.

6 . At this stage learned counsel for the appellants/tenants submits that appellants are ready to vacate the suit premises and they may be granted reasonable time for the said purpose, which has not been opposed by learned counsel appearing for the respondents.

7. In view of the prayer made on behalf of the appellants for granting time to vacate the suit premises, in the interest of justice, time upto 30.06.2024 for vacating the suit premises/accommodation is granted on the following conditions:-

(i) The appellants/tenants shall vacate the suit premises/accommodation on or before 30.06.2024.

(ii) The appellants/tenants shall regularly pay rent to the respondents/landlord and shall also clear all the dues, if any, including the cost

of the litigation, if any, imposed by the learned Courts below.

( iii) T h e appellants/tenants shall not part with the suit premises/ accommodation to anybody and shall not change nature of the accommodation.

(iv) The appellants/tenants shall furnish an undertaking with regard to the aforesaid conditions within a period of three weeks before the learned executing Court.

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 4/6/2023 11:52:21 AM

(v) If the appellants/tenants fail to comply with any of the aforesaid conditions, the respondents/landlord shall be free to execute the decree of eviction forthwith.

(vi) If after filing of the undertaking, the appellants/tenants do not vacate the suit premises/accommodation on or before 30.06.2024 and create any obstruction, they shall be liable to pay mesne profit of Rs.500/- (Rs. Five Hundred) per day, so also contempt of order of this Court.

8. With the aforesaid observations, this second appeal is dismissed and disposed off.

9. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 4/6/2023 11:52:21 AM