- (1.) Aggrieved against the judgment and order passed by the Division Bench of the High Court of Delhi wherein the Division Bench, while reversing the judgment of the Single Judge, has granted leave to the respondent-plaintiffs to institute a suit u/s. 92 of the Code of Civil Procedure (CPC), against the appellants, the defendant-appellants have come up in appeal.
(2.) Defendant-Appellant 1, namely, "All India Women's Conference" (for short "AIWC") is a society registered under the Societies Registration Act, 1860. AIWC was founded in the year 1930 to actively work in the general progress, upliftment and welfare of women and children. A piece of land at Bhagwan Das Road, New Delhi measuring a little more than three acres was acquired by the Society from the Central Government through a perpetual lease deed dated 22.10.1962 at a nominal price. The land was given to the Society by the Central Government for setting up a memorial to Sarojini Naidu and Margret Cousins. Huge construction now stands on this property, part of which has been rented out to Agha Khan Foundation, Syndicate Bank, Canara Bank and M/s Dalai Consultants and Engineers Pvt. Ltd. It is not in dispute that AIWC has about 500 branches with more than 1 lakh members spread over throughout the country. Its headquarters is located at 6, Bhagwan Das Road, New Delhi.
(3.) AIWC constituted a trust in the year 1975 with the object to carry out the construction of a multi-storeyed building on the plot of land allotted to AIWC; to establish a memorial, an auditorium to hold women's meetings, international hostel for young people and library for women and children, or any requisite facilities/amenities and conveniences in connection therewith. Under clause 5, the trustees were to get and collect the income and rent of the said building and the income, rent, interest and dividend of the trust fund from time to time and to pay therefrom all costs, charges and expenses relating to management, preservation, upkeep and maintenance of the building and facilities mentioned above.;