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2017 Supreme(UK) 163
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Servesh Kumar Gupta, J.
Hans Cultural Centre - Appellant
Versus
Sh. Kunwar Singh Chauhan & Ors. - Respondents
First Appeal No. 79 of 2015
Decided On : 02-05-2017
For the Appellant :Mr. F.K. Jha and Mr. I.P. Kohli, Advocates
For the Respondent:Mr. S.K. Jain, Senior Advocate, assisted by Mr. Siddhartha Jain, Advocate
Headnote:Civil Suit - The building in question was purchased by the plaintiff society in order to run the school - In the revenue records also, the name of Snigdha Cultural Centre/Hans Cultural Centre was mutated -The appointment letters and transferring of the salary of different employees through the NEFT from the account of the society held that the plaintiff society is the owner of the whole property, in question - And defendants, who were merely the employees appointed by the plaintiff society to run the school, grabbed such school and its properties - Thus, held that defendants were in illegal possession of the property - Accordintly, defendants, directed to handover the peaceful possession of the school/property/land, in dispute, to the appellant. (Paras 3, 4, 7, 9, 18, 21, 22, 23, 24)
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1. By means of this appeal, the judgment and order dated 10.6.2015 passed by learned Additional District Judge, Tehri Garhwal has been challenged whereby the Original Suit No. 1/2013 instituted by the appellant herein was dismissed with costs.
2. Having heard the rival contentions of the parties; before reproducing the issues framed during the pendency of the suit and their adjudication, it would be worthwhile to have a note of facts sans unnecessary details so to evince controversy between the parties.
3. It appears that in order to impart the basic education as well as to literate the hill children, a school under the name and style of ‘Rajeshwari Karuna School’ was founded by ‘Snigdha Cultural Centre’ having its Head Office at Delhi. For such purpose, the land in dispute was purchased vide registered sale deed dated 13.10.2011 from Devendra Beri, R/o Kando Bungalow, Patti Chhaijula, Tehsil Dhanolty, District Tehri Garhwal by ‘Snigdha Cultural Centre’ represented through one Pooran Saini. The sale deed pertained to Khasra No. 141, 143, 144 having area around 250 square metres (0.025 hectare), whereon a constructed building was also existing in the covered area of 200 square metres. With the passage of time, the surrounding land of Khasra No. 146 and 142 was also brought in the use of arranging the sports for the school children and, in the course of time, the applications were also moved to concerning Gram Pradhan as well as other concerned revenue officials including the Collector of the District to allot some surrounding land for the benevolent and charitable purposes of this school. So, the school is being run on a quite large land. The mutation was also got done in the revenue record in the name of ‘Snigdha Cultural Centre’, which by resolution of the society (registered under the appropriate Act) later on changed its name as ‘Hans Cultural Centre’. The amended memo of association dated 18.7.2012 is also available on the record under the seal and signature of the Registrar of Society. Since Kunwar Singh Chauhan and his foreign spouse Ms. Lori Mc Fadyen were somehow associated with Snigdha Cultural Centre and they were regular local residents too, so, finding their suitability to run the school, an offer letter dated 30.3.2012 was given to Kunwar Singh Chauhan to work as the caretaker for the society because he had the potential to run from pillar to post in order to perform certain chores necessary for running of the school. On his acceptance, appointment letter dated 4.4.2012 was also issued to him on a reasonable salary, break up of which is available on the record. His basic salary was Rs. 10,000/-, dearness allowance was Rs. 3000/-, transport allowance Rs. 800/- and the house rent allowance was Rs. 6200/-, in all Rs. 20,000/- per month. This salary break up has been accepted by Kunwar Singh Chauhan (respondent no. 1) under his signature and such signature is quite the same which has been put by him on the affidavit, filed before the trial court, in the form of chief examination under Order 18 Rule 4 of the Civil Procedure Code. Likewise, offer letter dated 31.3.2012 for employment was also given to his wife Lori Mc Fadyen by the authorised signatory Mr. Neeraj Kumar Sharma on behalf of the ‘Snigdh Cultural Centre’ and such offer letter was duly accepted by his wife under her signature and such signature is quite same as is put by her on the affidavit of chief examination filed before the trial court. She also accepted her appointment w.e.f. 2.4.2012 and her husband Kunwar Singh Chauhan was appointed on 4.4.2012 by the employer ‘Snigdha Cultural Centre’. Ms. Lori Mc Fadyen was appointed to work as ad hoc Principal of the school. Salary break up of Lori Mc Fadyen is as under:
4. Basic salary Rs. 20,000/-; dearness allowance Rs. 6000/-; transport allowance Rs. 800/- and house rent allowance Rs. 13,200/-, in all Rs. 40,000/-.
5. Such salary break up is also under the signature of the appointee, which again is the s
