JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal is against the judgment and decree dated 16th of March, 2017 passed in Civil Suit No.101-A/2015 by Sixth Additional District Judge, Durg, District Durg (C.G.), whereby the civil suit filed by the appellant for declaration and permanent injunction was dismissed. The present appeal is by the plaintiff.

2. (a) The brief facts as pleaded that the appellant/plaintiff is a trust registered under the Chhattisgarh Public Trusts Act, 1951 (hereinafter referred to as 'the Act, 1951') and is a charitable trust. It was further pleaded that on 07.04.1980 a lease deed was executed in between the plaintiff/appellant and the respondent, wherein the trust was granted 14 acres of land at Bhilai and the total rent of the entire land for the first 10 years was fixed at Rs.912.50 and subsequently after ten years, there would be an increase of 20 percent in the amount of the said rent, this increase would continue for thirty years. After thirty years the lease would be renewed for further 30 years. Pursuant thereto, the respondent No. 1 allotted