Court rejects Ramji Temple’s case against tenant selling aquarium

  • | Wednesday | 20th February, 2019

In his replies, Waghela had admitted that his wife was doing ‘gruh udyog’ of selling fish boxes, which are fish aquarium and they were also living in the same room. It also observed that even as the trust claimed that selling of fish was causing nuisance, it could not prove that nor produce any witnesses. The court upheld this in Waghela’s favour stating that he had not changed the use of the room. Waghela had argued that some of the tenants of the building were already involved in different businesses and that he was being wrongly targeted. But they used it for commercial purposes by selling fishes and the foul smell emanating from dead fishes caused nuisance and annoyance to the devotees visiting the temple and other tenants.The trust’s arguments were denied by Waghela arguing that he was not selling dead fish but fish aquariums.

Vadodara: Selling of fish aquariums is not equal to selling of fishes, ruled a sessions court here recently while rejecting an appeal filed by Shri Ramji Mandir Trust against its tenants.The trust that takes care of Shri Ramji Mandir located at Kalaghoda had rented out a room in the temple’s premises to late Shamalsinh Waghela’s father several decades back. But the trust moved sessions court in 2013 after a lower court dismissed its rent suit which it had filed in 1991 asking Waghela to vacate the room.In its 2013 appeal, the trust informed the court that the room was given out to defendants for residential purposes. But they used it for commercial purposes by selling fishes and the foul smell emanating from dead fishes caused nuisance and annoyance to the devotees visiting the temple and other tenants.The trust’s arguments were denied by Waghela arguing that he was not selling dead fish but fish aquariums. Waghela had argued that some of the tenants of the building were already involved in different businesses and that he was being wrongly targeted. “My father had invested money in the business in 1990s and also stayed in the same room from where he ran it,” said Shamalsinh Waghela’s son Minesh Waghela.Shamalsinh Waghela, who filed the case, passed away when the legal battle was going on.While the temple’s trust informed the court that Waghela was using the room for commercial purposes, it did not submit any evidence except the notices it had served to Waghela and his reply to the notices. In his replies, Waghela had admitted that his wife was doing ‘gruh udyog’ of selling fish boxes, which are fish aquarium and they were also living in the same room. The court upheld this in Waghela’s favour stating that he had not changed the use of the room. It also observed that even as the trust claimed that selling of fish was causing nuisance, it could not prove that nor produce any witnesses.

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