- (1.) Plaintiffs Raghbir Singh etc. have filed this revision petition under Section 115 of the Code of Civil Procedure (in short - CPC) assailing order dated 12.05.2010, passed by learned Additional District Judge, Gurdaspur, thereby dismissing application under Section 92 CPC for leave of the Court to institute suit relating to respondent No. 1 Trust i.e. Dharamsala Bani Lodhi Trust (in short - the Trust). The petitioners alleged that the Trust was created vide registered deed dated 04.10.1991 and it took charge of the property and building belonging to the villagers including forefathers of the plaintiffs, but the trustees have indulged in acts of commission and omission detrimental to the trust property. Accordingly, petitioners sought directions for rectification of the same and for just and proper administration of the trust property and removal of trustees.
(2.) Respondents contested the application. It was pleaded that the Trust was formed on 11.04.1991, but trust deed was registered on 04.10.1991. The building was constructed by the Trust. Construction of building started on 12.12.1991 and completed on 15.11.1994. It was denied that forefathers of plaintiffs had any right, title or interest in the suit property. Trustees have done good work in the interest of the Trust and its property. They have created source of income of the Trust. Land of the Trust is yielding two crops per year, whereas earlier it yielded only one crop per year. Plaintiffs are in the habit of filing false suits to cause loss to the Trust and harass the respondents and other trustees. Various other pleas were also raised.
(3.) Learned Additional District Judge, Gurdaspur, vide impugned order dated 12.05.2010, dismissed the petitioners' application under Section 92 CPC. Feeling aggrieved, petitioners have filed this revision petition.;