DULI CHAND Vs. MAHABIR PERSHAD TRILOK CHAND CHARITABLE TRUST
LAWS(DLH)-1983-9-3
HIGH COURT OF DELHI
Decided on September 16,1983

DULI CHAND Appellant
VERSUS
MAHABIR PERSHAD TRILOK CHAND CHARITABLE TRUST Respondents


Cited Judgements :-

HARJEET SINGH VS. STATE [LAWS(DLH)-1989-9-30] [REFERRED]
KANTA KOCHHAR VS. SIR GANGA RAM TRUST SOCIETY [LAWS(DLH)-2009-10-7] [REFERRED TO]
VIKAS JALAN VS. NUCON INDUSTRIES PRIVATE LIMITED SOMAJIGUDA HYDERABAD [LAWS(APH)-1998-8-106] [REFERRED TO]
DEVIREDDY SULOCHANAMMA VS. REBALA PATTABHIRAMIREDDY CHARITIES [LAWS(APH)-2004-8-95] [REFERRED TO]
KAMUTHI MADALAICHAMY VS. THANGARATHINA NADAR [LAWS(MAD)-1990-4-11] [REFERRED TO]
INSTITUTE OF EDUCATION SARASWATHIPURAM MYSORE VS. SOWCAR A SIDDANNA ENDOWMENT AND K H RAMAIAH MEMORIAL ENDOWMENT TRUST MYSORE [LAWS(KAR)-2002-8-17] [REFERRED TO]
NUMAZAR DORAB MEHTA VS. ASSAM CO LTD [LAWS(CAL)-2003-12-32] [REFERRED TO]
INDIAN CRAFT VILLAGE TRUST VS. CALCUTTA MUNICIPAL CORPORATION [LAWS(CAL)-2007-7-46] [REFERRED TO]
PEOPLE CHARITY FUND VS. K RAGHAVA REDDY [LAWS(KAR)-2008-6-81] [REFERRED TO]
MURTI VAISHNU MATA ALIAS DURGA MATA VS. VAISHNU DUTT [LAWS(P&H)-1996-8-106] [REFERRED TO]
MANDIR JAMUNA DASS JAWAHARLAL S. SANATAM DHARAM MAHABIR DAL TRUST VS. SHANKAR DASS [LAWS(P&H)-2003-2-98] [REFERRED TO]
Institute of Education VS. Sowcar A. Siddanna Endowment and K.H. Ramaiah Memorial Endowment Trust [LAWS(KAR)-2002-8-78] [REFERRED TO]
RANDHIR SINGH BHUTORIA VS. FOOD CORPORATION OF INDIA [LAWS(CAL)-2015-2-1] [REFERRED TO]
VINEETA DAYAL VS. SHRAVAN KUMAR BAGLA [LAWS(KAR)-2014-4-505] [REFERRED TO]
BRITISH MOTOR CAR COMPANY PVT. LTD. VS. SEWAK SABHA CHARITABLE TRUST [LAWS(P&H)-2003-7-123] [REFERRED TO]
EXPORT CREDIT GUARANTEE CORPN OF INDIA LTD VS. ANNAMMA PHILIP, TRUSTEE OF IDICHANDY FAMILY TRUST, A PRIVATE FAMILY TRUST & ORS [LAWS(BOM)-2017-9-154] [REFERRED TO]
ARUN KUMAR VS. PUSHPA DEVI [LAWS(P&H)-2021-1-93] [REFERRED TO]


JUDGEMENT

D.K.Kapur,J. - (1.)M/s. Mahabir Pershad Tirlok Chand Charitable Trust was the plaintiff in the suit from which this appeal has arisen. The suit was filed for possession of a portion on the ground floor of property No. 2231 and shop No. 2232 situated in Masjid Khazoor, Dharmpura, Delhi. Mesne profits were also claimed. The case of the plaintiff was that Shri Babu Ram was a statutory tenant in the said property ; the contractual tenancy had been terminated by a notice given by Shrimati Vidya Wati, the owner of the property on 19th May, 1972. It claimed that Shri Babu Ram became statutory tenant from 1st July, 1972. On 30th April, 1975, Shri Babu Ram had died and thereafter Shri Duli Chand came into possession of the said property and was nothing more than a trespasser.
(2.)The suit was tried by a Subordinate Judge First Class who decreed the suit with costs granting possession in favour of the plaintiff against the efendant and also a decree for Rs. 99.00 as rent/damages. Shri Duli Chand has then appealed to this court.
(3.)It may now be mentioned that in the written statement filed in the suit, it was claimed by the defendant that the plaintiff was neither the owner of the property nor a legal entity and there was no locus standi to file the suit. It was further claimed that Shri Babu Ram's tenancy had not been terminated, and hence, all the legal representatives of Shri Babu Ram including the defendant were tenants by operation of law ; also, there were other legal heirs in possession who were necessary parties in the suit. Some other objections were also raised. A issues were number of framed in the suit, but according to the judgment were not preised.
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