- (1.) THE facts giving rise to this evil revision may briefly be stated as under; the model Town Welfare Council, Ludhiana, (hereinafter referred to as the society) is a society duly registered under the Societies Registration Act, 1860. On 20th february 1958, vide Exhibit A-3 a plot of land measuring 1. 29 Kanals in the Model town Ludhiana, was transferred by the Punjab Government to the society free of cost, for the specific purpose of constructing a library building thereupon at its own cost within three years. The terms of transfer also provided for resumption of the plot by the Government in case of non-compliance with any term. A clear provision, however, was made that the time of three years could be extended by the Deputy Commissioner if the failure to complete the construction by the due date as due to reasons beyond the control of the purchaser.
(2.) IT is stated that after the transfer of the plot, the petitioner-society constructed some shops on a portion of this land in the year 1962 and the remaining land remained reserved for construction of a library. The construction was not taken in hand immediately, because of lack f funds and meanwhile on 2nd November, 1965, the vacant part of the plot was let to Bhupinder Pal singh respondent for running a fuel and coal stall with the specific condition that the respondent will vacate the plot when required by the petitioner Society to do so.
(3.) A notice was served on the respondent to vacate the land, which was not complied with and then an application for ejectment of the tenant-respondent was made on 1st July, 1967, Inter alia on the ground that the plot was required by the society for its own use "for the construction of library building. " The ground for non-payment of rent was also taken but that is not relevant now because the arrears were paid.;