ROSHAN LAL GANDHI Vs. DIGDAMBER JAIN PANCHAYATI MANDIR BHAWAN
LAWS(UTN)-2013-7-118
HIGH COURT OF UTTARAKHAND
Decided on July 04,2013

Roshan Lal Gandhi Appellant
VERSUS
Digdamber Jain Panchayati Mandir Bhawan Respondents

JUDGEMENT

- (1.) Present Civil Revision has been filed by the revisionist against the judgment and decree dated 26.03.2010 passed by the Additional District Judge/ F.T.C. Vth, Dehradun in S.C.C. Suit No.11 of 2008 "Shri Digdamber Jain Panchayati Mandir Bhawan Vs. Roshan Lal Gandhi", whereby the learned Additional District Judge has ordered the revisionist to handover the possession of the property in question to the respondent/landlord within one month from the date of order i.e. 26.03.2010. The revisionist has been further ordered to deposit the balance arrears of rent with interest.
(2.) Brief background of the case is that the revisionist is the tenant in the property bearing no.60 Gandhi Road, which is owned by the Digdamber Jain Dharamshala, which is the registered public society and is registered under the Societies Registration Act, having Registration no.21, 1860. The respondent, in order to terminate the tenancy of the revisionist, served the composite legal notice under Section 106 of the Transfer of the Property Act through the desk of the Advocate dated 14.09.2007 through registered A.D., which was received by the revisionist on 15.09.2007. On 18.10.2007, the revisionist gave reply to the notice, stating therein that there was no arrears of rent due against him and the entire rent, as claimed by the respondent/landlord, has already been paid by the revisionist. After the receipt of the written reply of the legal notice under Section 106 of the Transfer of Property Act, the respondent, being the landlord, filed the suit for eviction against the revisionist/tenant from the said premises for the non-payment/arrears of rent amounting to Rs. 3,000/- from 15.10.2007 till the disposal of the suit. The said suit was numbered as S.C.C. Suit No.11 of 2008 "Shri Digdamber Jain Panchayati Mandir Bhawan Vs. Roshan Lal Gandhi". After the service of notice of the aforesaid suit, the revisionist put his appearance and filed written statement, denying the averments of the plaint, narrating the correct facts and dislodging the contention of the respondent. On the basis of pleadings of the parties, following issues were framed:- "1. Whether disputed property is property of public religious institution and whether provision of U.P. Act 13/73 are applicable to this property 2. Whether after acceptance of rent by the plaintiff from the defendant after the notice dated 14.09.2007, the said notice became ineffective If yes, its effect. 3. Whether rent w.e.f. 01.10.2006 is due against the defendant If yes, its effect. 4. Relief."
(3.) On 26.03.2010, the Additional District Judge/F.T.C. V, Dehradun passed the judgment and decree in S.C.C. Suit No.11 of 2008 "Shri Digdamber Jain Panchayati Mandir Bhawan Vs. Roshan Lal Gandhi" and ordered the revisionist to handover the possession of property in question to the respondent/landlord within one month from the date of order i.e. 26.03.2010. The revisionist has further been ordered to deposit the balance arrears of rent w.e.f. 01.10.2006 till 14.10.2007 @ Rs. 600/- per month with interest and Rs. 40/- per day from 15.10.2007. Aggrieved by the judgment and decree dated 26.03.2010 passed by the Additional District Judge/F.T.C. V, Dehradun in S.C.C. Suit No.11 of 2008 "Shri Digdamber Jain Panchayati Mandir Bhawan Vs. Roshan Lal Gandhi", this Civil Revision has been filed by the revisionist/tenant.;


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