JUDGEMENT
Amitav K. Gupta, J. -
(1.)This civil revision is directed against the judgment and decree dtd. 9/3/2016 and 17/3/2016 respectively, passed by the learned Civil Judge (Senior Division), Jamshedpur, whereby the Eviction Suit No- 29 of 2004 filed by the plaintiff was dismissed.
(2.)The plaintiff instituted the suit pleading therein that the plaintiff is an institution/club, known as Amal Sangha and Amal Sangha Pathsala having its premises at Sidhgora, Jamshedpur. The premises was allotted to the plaintiff by M/s TISCO, Ltd., Jamshedpur, for imparting social and cultural activities and education to the poor children of the area. The institution is a Trust having President, General Secretary and the Trustees. The Trust runs a school. That Dasrath Nag, the father of the defendant was inducted as a caretaker of the club and was given a residential room in the premises of scshool on monthly rent of Rs.239.20. That Dasrath Nag fell seriously ill and the defendant alongwith her children came to look after him during his illness. After death of her father, the defendant requested the plaintiff to allow her to continue to reside in the premises. The plaintiff on humanitarian ground allowed her to reside in the premises as a caretaker on a monthly rent of Rs.400.00. The defendant was being paid a monthly salary of Rs.1200.00. That after some time the husband of the defendant also started residing with her.
It is alleged that the husband of the defendant is a drunkard and a person of unruly behavior. He uses abusive language which has an adverse impact on smooth functioning and discipline of the school. That several complaints were received from the teachers regarding the bad behavior of defendant's husband. The plaintiff requested the defendant and her husband to maintain decorum but all requests fell on deaf ears.
It is pleaded that the plaintiffs run the school in the name Amla Sangh Pathshala and the District Education, Superintendent vide letter dtd. 20/4/2004 has allowed the plaintiff to run classes for class-VI and class-VII. However, due to insufficiency of space in the premises the plaintiff is facing difficulty in starting the classes for class VI and VII. Therefore, the plaintiffs require the premises, for starting aforesaid classes.
(3.)The defendants appeared and filed their written statement stating that the premises was subleased by M/s TISCO to the plaintiff Amal Sangh for carrying out cultural programs and not for running a school. It is stated that the there are two plaintiffs and the plaintiff is not a Trustee of Amal Sangh. That the defendant was employed by Amalsangha as a permanent staff in place of her father. That the plaintiff is annoyed with the defendant because on her complaint, the Labour Superintendent cum Inspector conducted an inquiry and by report dtd. 23/10/2003 directed the plaintiff to pay the salary of Rs.13,588.24 paise for the period running from 1/4/2001 to 30/9/2003. That the plaintiff instead of complying with the order as a retaliatory measure has instituted the suit for eviction on false and frivolous grounds.
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