SANTOKH SINGH Vs. MAHANT IQBAL SINGH

JUDGEMENT

(1.) This Appeal is against the Judgment dated 29th Dec. 1989, by which Letters Patent Appeal No. 299 of 1984 filed by the Appellant herein has been dismissed.

(2.) Briefly stated the facts are as follows The Appellant claims to be a lessee under a Lease Deed dated 3rd August, 1960, executed by one Mahant Mahal Singh in favour of the Appellant for a period of 99 years at an annual rent of Rs. 43/-. The respondent claiming to be the Mahant filed a suit for recovery of possession on the basis that the property was a Trust property and that Mahant Mahal Singh had no authority to lease out the property. It was also claimed that the lease deed was executed without any consideration and/or legal necessity and therefore, the lease was void and not binding on the Trust. It was claimed that the Trust was entitled to possession of the property. On the basis of pleadings the Trial Court inter alia framed the following issues:

(3.) The trial Court dismissed the suit on 10th of Oct. 1974. The respondent filed a First Appeal. This was allowed on 19th of Dec. 1983. In this judgment it was held that the property was Trust property. It is held that the lease in question was without consideration and not made for legal necessity. It was held that Mahant Mahal Singh was of old age and had become very weak and generally remained ill. It was held that Mahant Mahal Singh was not competent to make lease in favour of the Appellant. However, the Appellants were granted a sum of Rs. 20,970/-, as cost of the improvements made by them.