Public Trust Shri Geeta Satsang Bhawan vs Nand Lal .

2) We herein set out the facts, in brief, to appreciate the issues involved in this appeal.

3) The appellant is a public Trust of which Shri Ramanand is the Chairman. The Trust was formed by executing a Trust deed on 31.07.1980. The land measuring 1 Bigha 5 Biswas situated at Pali was allotted by the Government on 14.05.1982 in the name of Shri Rama Nand and the patta was accordingly granted to him. He then constructed shops on this land. 2

4) On 01.10.1985, the Shop No.7 was let out to Nand Lal-respondent No.1 on rent on an oral agreement at a monthly rent of Rs.500/- which was enhanced at Rs.625/- per month on 01.10.1996 with the consent of both parties.

5) On 01.10.1989, the Shop No.11 was let out to Nand Lal, Jitendar Rai Mathur and M/s Mayur Auto Repairs on rent on the basis of an oral agreement at a monthly rent of Rs.600/-, which was enhanced to Rs.750/- per month on 01.10.1996 with the consent of the parties. After the enhancement of rent, the respondents stopped paying the rent to the appellant-Trust. However, respondent No.1 paid rent only in respect of Shop No. 7 up to 30.06.1998.

6) On 17.10.1998, the appellant, therefore, sent a notice under Section 106 of the Transfer of Property Act, 1882 to the respondents in respect of Shop No.11 through registered post and terminated the tenancy. By virtue of notice, the respondents were informed that their tenancy would terminate w.e.f. midnight of 30.11.1998. 3 Similarly, on 22.10.1998, the appellant sent a notice under Section 106 of the T.P. Act to respondent No.1 in respect of Shop No.7 through registered post and terminated the tenancy w.e.f. midnight of 30.11.1998. Respondent No.1 did not reply to this notice also.

12) By separate judgments on dated 30.11.2005, the Appellate Court decided issue Nos. 3 and 4, as extracted above, against the appellant and accordingly allowed the respondents’ appeals and set aside the judgments and decree dated 27.10.2004 passed by the Trial Court in Civil Suit Nos. 4/2004 and 5/2004. It was held that since the plaintiff-Trust was not registered under the Rajasthan Public Trust Act, 1959(hereinafter referred to as “the Act”), the suit itself was not competent for want of registration in the light of bar contained in Section 29 6 of the Act. The Appellate Court, therefore, did not go into the merits of the case and dismissed the suit.

17) During the pendency of this appeal, the appellant (plaintiff) filed I.A. No 5 of 2013 and sought permission to file additional documents in support of their case. The appellant along with IA filed one Registration Certificate issued on 07.02.2013 by the office of the Assistant Commissioner, Department of Endowments, Jodhpur, Government of Rajasthan(Annexure A-3) certifying therein that the appellant(plaintiff)-Trust is registered 7 under the Act w.e.f. 07.02.2013. A prayer was, therefore, made to take this document on record being relevant one for deciding the appeal. This I.A. was allowed by this Court’s order dated 20.01.2014.

29) In view of foregoing discussion, the appeal is allowed in part, impugned judgments as also the judgment/decrees of the Trial Court are set aside. The matter is remanded to the Trial Court for hearing and deciding the suits on merits in accordance with law. Parties are granted liberty to amend their pleadings and also file additional documents including the certificate of registration of the Trust to enable the Trial Court to decide the suits as directed. The Trial Court shall decide the suits within six months uninfluenced by any of our 12 observations on merits because we have not expressed our opinion on any of the issues touching the merits of the controversy. Parties to appear before the Trial Court on 21.08.2017 to enable the Trial Court to proceed with the trial.

30) The Registry is directed to send back the original record of the case to the Trial Court forthwith, if it is requisitioned, and also send one copy of this order to the Trial Court for information and record. In S.L.P.(c) Nos. 10949, 11138 and 14325 of 2008 Leave granted.

In view of the judgment passed in Civil Appeal No. 3034 of 2008, these appeals are allowed in part on the same terms.

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