RAMGOPAL AND ANR. versus BALAJI MANDIR TRUST AND ORS.

RAMGOPAL AND ANR. versus BALAJI MANDIR TRUST AND ORS.

Where defendants have not challenged the applicability or the validity of the exemption notification nor pleaded against utilization of rental income by trust, eviction suit by religious trust is maintainable and trust entitled to benefit of notification under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961.

Parties
Appellants: Ramgopal and Anr.; Respondents: Balaji Mandir Trust and Ors.
Jurisdiction
India
Judgment Date
19 February 2003
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
appeal dismissed
Legal Topics
Exemption Notification, Maintainability of Suit, Rental Income Utilization, Section 3(2) of Madhya Pradesh Accommodation Control Act
Rent Control Eviction Trusts and Religious Institutions Exemption Notification Maintainability of Suit Rental Income Utilization Section 3(2) of Madhya Pradesh Accommodation Control Act

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Parties

Ramgopal and Anr.

Appellants

Balaji Mandir Trust and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether the religious trust is entitled to benefit under Section 3(2) exemption notification.
  2. 2 Whether the exemption notification can be general or should apply to a particular accommodation.
  3. 3 Whether suit for eviction is maintainable without proving rental income utilization for trust purposes.

Ratio Decidendi

Where defendants have not challenged the applicability or the validity of the exemption notification nor pleaded against utilization of rental income by trust, eviction suit by religious trust is maintainable and trust entitled to benefit of notification under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961.

Court Disposition

appeal dismissed

Orders

  • Judgment and decree of High Court affirmed.
  • No order as to costs.