Decided on March 23,1973



B.J.DIVAN - (1.)The petitioner herein are the original plaintiffs and the respondents are the original defendants. The petitioners had filed a suit against the defendants to obtain peaceful and quiet possession of the premises which have been rented out to respondent No. 1. The two petitioners and respondents Nos. 2 to 6 are the Trustees of a Trust and two out of the several trustees filed the suit as the plaintiffs as the remaining trustees were not available in Ahmedabad to initiate the proceedings. The Trustees filed the suit under sec. 13(1)(g) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Act) on the ground that they were trustees of a public charitable trust and the premises were required for occupation for the purposes of the Trust. The allegation in the plaint was that the plaintiffs who were the trustees wanted the premises for the purposes of starting a HariMandir i.e. a temple where no idol is installed but a photograph is placed to be used by the male followers of the particular sect called Swaminarayan Sect of Hindus and that this temple was going to be used for the spread of the tenets of Abjibapa Shri and for performing Kathas in the said Mandir. The suit was filed in the Court of Small Causes at Ahmedabad and the learned trial Judge dismissed the suit of the plaintiffs. Against this decision there was an appeal to the Appellate Bench of the Court of Small Causes Ahmedabad; and the learned Judges who heard the appeal dismissed it and confirmed the order of the trial Court. The present Civil Revision Application under the provisions of sec. 29(2) of the Act has been filed against this decision of the Appellate Bench.
(2.)It may be pointed out that originally this property belonged to one Fakirchand Chakubhai and he had gifted the property to the second respondent who is the leader of this particular sect of Swaminarayan Sampradaya. The gift was created by a registered deed dated May 4 1959 and the Gift Deed was executed in favour of a Trust. The gift was given to the trustees of the particular Trust called Shri Mukta jeevandasji SuvarnaMahotsava Jayanti Smarak Trust and the donor gave the property to the Trust for the purposes of using the property as a HariMandir for males and for purpose of having KathaVarta and for the propagation of the principles first pronounced by Abjibapa Shri and for the wider propaganda of knowledge and meditation. The plaintiffs and defendants Nos. 2 to 5 are the trustees of the Trust and the plaint mentioned that as defendants Nos. 2 to 5 were residing outside Ahmedabad at the time when the suit was filed they could not be included as plaintiffs in the suit and in order to avoid misjoinder of parties they had filed this suit. The suit premises consist of a shop and defendant No. 1 was occupying these premises as a tenant at a monthly rent of Rs. 50.00. The notice to quit was given to the first defendant by all the trustees and thereafter the suit was filed for evicting the first defendant from the suit premises.
(3.)The learned trial Judge held that no resolution was passed by the trustees to show that the suit property was required for; the purpose of the Trust and with that end in view possession of the suit property was to be obtained from the first defendant. He held that he was not satisfied that the requirement of the suit premises existed for the purpose of starting a temple as stated in the Gift Deed and on this ground he dismissed the plaintiffs suit. The learned Judges in the Appellate Court held that the objects of the Trust in question were not charitable objects as contemplated by the second part of sec. 13(1)(g) of the Act and therefore no decree could be passed in favour of the Trustees for the purposeS of this particular Trust under sec. 13(1)(g) of the Act.

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