SARDAR LAKHBIR SINGH Vs. SWARGASHRAM TRUST
LAWS(UTN)-2012-12-25
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 07,2012

Sardar Lakhbir Singh Appellant
VERSUS
Swargashram Trust Respondents

JUDGEMENT

- (1.) This second appeal is directed against the judgment and decree dated 18.4.1998 passed by the District Judge Pauri Garhwal in Civil Appeal No. 19 of 1997 Swargashram trust vs. Lakhbir Singh and another, whereby the appeal was allowed and the suit No. 43 of 1991 was decreed after reversing the judgment and order dated 26-11- 1996 passed by trial court in O.S. No. 43 of 1991 in between Swargashram Trust vs. Sardar Lakhbir Singh and another.
(2.) The relief sought in the second appeal is that the judgment and decree passed by the first appellate court referred above be set aside and the suit No. 43 of 1991 be dismissed.
(3.) The second appeal was admitted by this court on the following substantial questions of law:- 1- Whether the amount paid for a limited period can be treated as donation when it was being paid for the use and occupation of the premises and not covered under Section 105 of the Transfer of Property Act?. 2- Whether right of exclusive possession with creation of interest therein can be treated as a license?.;


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