Civil Revision No. 6039 of 2006 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 6039 of 2006 Date of Decision: 26.11.2008 Harbans Lal …Petitioner Versus Guru Nanak Mission Medical & Education Trust of village Dhahan, Tehsil and District Nawanshahr. ... Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Amit Rawal and Mr. Sarju Puri, Advocates for the petitioner. Mr. Vikas Bahl, Advocate for the caveator/respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Rent petition in the present case was instituted on 15.6.1999 . Learned Rent Controller decided the case on 9.9.2005. Learned Appellate Authority decided the appeal on 1.9.2006. The present revision petition was filed in this Court on 31.10.2006. The matter was listed before a Co-ordinate Bench of this Court on 16.11.2006 and the following order was passed:- “Present: Mr. Sarju Puri, Advocate, for the petitioner. Mr. Vikas Bahl, Advocate, for the caveator- respondent. Civil Revision No. 6039 of 2006 2 Learned counsel requests adjournment for placing on record copies of pleadings of the parties. Adjourned sine-die. List the case after the needful is done. Sd/- (Kiran Anand Lall) Judge 16.11.2006”. The tenants herein, who had failed in two Courts below have taken two years to revive the present petition. By placing on record the pleadings which were required to be considered by this Court, during the course of arguments, two years ago, the tenant desire that matter be taken up with utmost urgency. Therefore, today Mr. Amit Rawal, with Mr. Sarju Puri, Advocates, appearing for the petitioner, with a consent of learned counsel for the caveator/respondent-landlord, has given various documents. Authenticity of these documents has not been doubted by Mr.Vikas Bahl, Advocate, appearing for the caveator/respondent. One Gurbachan Singh son of Hariya Singh who was Non Resident Indian was settled at Fiji, had got a considerable property at Banga. He had gifted half share of 43 shops, and three residential plots to Guru Nanak Dev Mission Medical and Educational Trust (hereinafter referred to as “the Trust”). This gift deed has been exhibited as Ex.A11. The gift was made on 4.6.1990. One shop bearing No. 33, out of these shops, had been let out to Harbans Lal at the rate of Rs.60/- per month. An eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 Civil Revision No. 6039 of 2006 3 (hereinafter referred to as “the Act”) was filed stating that the shop is required to establish a Charitable Medical Hospital in Banga in Fiji Market. The eviction petitions have been filed against all the shopkeepers. Today ten petitions are listed. While another Civil Revision bearing No. 6730 of 2006 was got dismissed as withdrawn from a Co-ordinate Bench of this Court on 19.2.2007. It was pleaded in the eviction petition that the Trust has been established with a motive and object to provide free medical aid and care and advance medical treatment to the poor and needy persons of the area. It is a Missionary Institution which is being run with the co- operation of the people of the area and Non Resident Indians settled abroad. It was further averred that a big hospital has been set up at village Dhahan Kaleran with most sophisticated and advanced medical instruments and specialized medical care is available in the entire medical field. It has been further stated in the petition that since a very big hospital run at village Dhahan Kaleran was running smoothly and efficiently, representation has been received from the residents of Banga town and the surrounding villages to establish the branch of this hospital at Fiji Market, Banga, in premises consisting of 28 shops. It was stated in the petition that branch of the hospital was sought to be established at Banga by building a hospital on the ground that the Nursing Homes established in the town were were charging exorbitantly for medical check up and care which was beyond the reach of ordinary and poor patients. It will be apposite here to reproduce the following portion of the eviction petition on record as Annexure P1:- Civil Revision No. 6039 of 2006 4 “...Moreover, the trend in medical practice of referring the patients for unnecessary medical checks, lab tests, scanning etc. make the things more difficult for ordinary persons. Thus, keeping in view the said demand of the residents of Banga town and its surroundings feeling the urgent need of establishing the branch of the hospital at Banga, to fulfill the real aim and object of the Trust, the petitioner trust has decided to establish a hospital providing advance medical check up, treatment facilities at Banga and for that purpose, the petitioner requires the demised shop for personal use and occupation”. Reply to eviction petition was filed. A preliminary objection was raised that there is no resolution in favour of Budh Singh, President of the Trust. It was further denied that Budh Singh is a Founder President of the Society. It was further denied in the written statement that the Trust is being run for charitable medical hospital at Banga. It was also denied that the Trust is a Missionary Institution. The gift deed dated 4.6.1990 was also denied. Replication was filed. Learned Rent Controller had drawn the following issues:- i) Whether the applicant is entitled for ejectment under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 regarding the suit property, in view of the Civil Revision No. 6039 of 2006 5 allegations, as mentioned in para No.5 sub para 'a' of the plaint, as prayed for? OPA ii) Whether Budh Singh has got no right to file the present petition for ejectment, as stated in preliminary objection of para No.1? OPR iii) Whether the petition is malafide? OPR iv) Relief. Thereafter, the parties led their evidence. Budh Singh himself appeared as AW.4. Gurcharan Singh, Draftsman, was examined as AW.1, Ashok Kumar, Deed Writer, as AW.2, Harjagdish Singh Maan, who remained as President of Municipal Council, Banga and Municipal Councilor, Banga, as AW.3, and Darshan Kumar Sareen, Deed Writer, as AW.5. Harbans Lal, tenant, himself appeared as RW.1. Arjan Singh was examined as RW.2 Relying upon the evidence of Budh Singh AW4, learned Rent Controller held that witnesses had admitted that there are only two hospitals like the petitioner in State of Punjab i.e. Guru Nanak Mission Hospital at Dhahan, and one at Dera Beas. Budh Singh AW.4 has also admitted in cross-examination that the charges of their hospital in comparison with the other hospitals are moderate. Learned Rent Controller further relied upon the testimony of Harjagdish Singh Maan AW.3, who stated that the Trust is doing excellent service and welfare activities in the area, and is providing good medical facilities in Dhahan. Civil Revision No. 6039 of 2006 6 It was submitted by Harjagdish Singh Maan AW.3, in his cross- examination, that charges of Guru Nanak Mission Hospital, Dhahan, are very less and Gurbachan Singh gifted the property for the purpose of opening the hospital. He further admitted that even though there is a Civil Hospital at Banga but public there is not being given due care and nursing. It was also admitted by him that the Trust is running Senior Secondary School Nursing College and Nursing School in the premises. Relying upon the testimony of witnesses, learned Rent Controller inferred that Gurbachan Singh, Non Resident Indian, had donated the property with an object that it should be used for opening a hospital or Emergency Care Unit in order to help the poor and needy people. Therefore, the ground of personal necessity was found to be made out in favour of the Trust by learned Rent Controller. Aggrieved against the same, the tenant had filed an appeal. Learned Appellate Authority after considering the evidence came to conclusion that Banga Town has population of 35,000 to 50,000 persons and Gurbachan Singh had donated the property with an object that the same ought to be used for opening a Charitable Hospital in order to help the poor and needy persons. As stated earlier, revision petition was filed in this Court two years ago and the same was adjourned sine die as necessary pleadings have not been placed on record by learned counsel for the petitioner. After two years, needful has been done and that is why this case is being dealt with by this Court. I have heard Mr. Amit Rawal and Mr. Sarju Puri, Advocates, appearing for the tenant-petitioner. Civil Revision No. 6039 of 2006 7 Mr. Amit Rawal, Advocate, appearing for the tenant has referred to gift deed Ex.A11 and has stated that in the gift deed, it has been nowhere mentioned that the shops have been donated with an object that a hospital should be run in the premises. He has further referred to the Trust Deed of Guru Nanak Mission Hospital to state that the clause of financial aid ought to be given to the needy, poor and the patients has been deleted. Mr. Rawal has stated that Income-tax Certificate for exemption was not being granted, therefore, vide resolution dated 16.9.1979 Clauses 4 & 5 of the Trust Deed had been deleted. The resolution passed for deletion of Clauses 4 & 5, when translated, read as under:- “Giving of financial aid to needy and scholarships or giving any monetary grant be omitted” Regarding Clause 1 it states that providing of finances to poor, down trodden and for initiating other charitable works of Mission Hospital and Educational activities to achieve the object be omitted. A perusal of subsequent resolution will show that it was monetary aspect of giving aid and doing other activities except Mission Hospital and Educational Institutions were deleted. As stated by Mr. Rawal, Income-tax Certificate could not be given in case Trust was providing financial aid and grant to the other persons. To buttress this argument, Mr. Rawal has placed reliance upon testimony of Budh Singh AW.4, President of the Trust, to state that it has been admitted in cross- examination by him that the Trust is also running a De-addiction Center, Senior Secondary School, B.SC. Nursing College and Nursing Diploma Civil Revision No. 6039 of 2006 8 School in its premises. The Nursing School has 150 seats, whereas Senior Secondary School has 900 students. A further admission has been relied upon to state that Budh Singh admitted that the hospital has capacity of 250 beds whereas it ought to have been enhanced to 500 in three years. Budh Singh also admitted that on 17.4.1984, Governor of Punjab had inaugurated the hospital with capacity of 50 beds which has been enhanced to 250 beds. He further submitted that since Trust has not been able to enhance total beds in hospital, therefore, establishment of new hospital cannot take place. Mr. Rawal has relied upon admission of Budh Singh in his cross-examination that there are private wards also. It has been stated by Mr. Rawal that running of private wars amount to commercial activity, therefore, that is not permissible according to the Trust Deed. But it could not be ignored that Budh Singh has further stated that there is a general ward in the hospital also. He has further referred that B.Sc. Nursing Student is only charged Rs.41,000/-, therefore, the Trust is running commercial venture. He further relied upon an admission of Budh Singh in the cross-examination that for Nursing School Diploma, Rs.28,000/- is charged per year from a student. Therefore, Mr. Rawal states that pleading in the eviction petition that hospital is to be run for the charitable purposes should be disbelieved. I am afraid that this contention of Mr. Rawal cannot be accepted as the two Courts below have not only relied upon the testimony of Budh Singh AW.4 but also on the testimony of AW.3 Harjagdish Singh Maan, who is an independent public functionary as he remained President of the Municipal Council, Banga and Municipal Civil Revision No. 6039 of 2006 9 Councilor, Banga. He has stated that the Trust is carrying on excellent social and public welfare activities. This Court cannot be oblivious of the fact that Gurbachan Singh, Non Resident Indian, has gifted this property to the Trust which were about 27 shops. Even if it is not stated in the gift deed that hospital should be built in the property, it has come from the evidence of the witnesses that the same was the intention of the donor. Another argument raised before me is that there has been no partition of the property, therefore, it cannot be said that 27 shops which were gifted were those very shops which are occupied by the present tenant. Mr. Vikas Bahl, Advocate, stated that it has been admitted by the tenant in his cross-examination he is paying rent to the applicant i.e. Budh Singh who had preferred an eviction petition in the Court. Once rent is being paid, relationship of landlord has been accepted. It cannot be stated that present eviction petition is not maintainable. Mr. Rawal has further stated that a look at the Constitution Ex.A3 will show that the object of the Trust is to run first rate hospital under the name Guru Nanak Mission and to build a Medical College. It has been further stated that another object is to propagate the teachings of Guru Nanak Dev; to propagate medical care and other education. To run a medical hospital under the name of Guru Nanak Mission and to propagate the teachings of Guru Nanak Dev by necessary implication include the object that the Trust has to devote itself to the service of mankind, that being the essence of teachings of Guru Nanak Dev. It has been further stated that no evidence has been led that representation of the people from the area of locality were received that Civil Revision No. 6039 of 2006 10 the hospital should be set up at the place where shops are there. A reference to the testimony of AW.3 Harjagdish Singh Maan has been made who has stated that it will be beneficial to the people of the area as well as poor persons who cannot afford emergency medical treatment in case Trust agreed to the request, therefore, this argument is not tenable. It has been further stated that Budh Singh AW.4 produced attested copy of resolution Ex.A5 and the same has not been proved and the same was objected to and the objection was not decided. If one can have a look into the statement of Budh Singh, he stated that he has brought the original and photocopy of the resolution. Budh Singh is the President of the Trust. He has brought the attested copy . Therefore, it stood conclusively proved and, therefore, no other mode of proof is required regarding resolution passed in favour of Budh Sigh to file eviction petition. Learned counsel for the petitioner further states that he place reliance upon Messrs. Karta Ram Rameshwar Dass v. Ram Bilas and Others (2006)1 Supreme Court Cases 125 to say that it was for the landlord to prove that the shop in question has fallen to his share and no partition has taken place. The property in question herein is shop. Petitioner before this Court is tenant. He has further admitted that the rent was being paid to the Trust, therefore, this judgment is of no help to the petitioner. In view of the concurrent findings of fact arrived by two Courts below that the property in question is required for setting up of a Charitable Hospital especially when the entire evidence has been Civil Revision No. 6039 of 2006 11 considered by two Courts below, I find no merit in the present revision petition and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge November 26, 2008 “DK”