REGENT COMPUTRONICS PVT. LTD.

B.K. GOEL Appellant

V/S

MANOHAR LAL Respondents

Referred Judgements :-

DAYAMATHI BAI V. K.M. SHAFFI,AIR [REFERRED TO]
BABULAL AND ANR. V. MUNICIPAL CORPORATION,RATLAM AND ORS. [REFERRED TO]
ABHAYA,' A SOCIETY REGISTERED UNDER THE TRAVANCORE-COCHIN LITERARY AND ORS. V. J.A. RAHEEM AND ORS..,AIR [REFERRED TO]
ADVOCATE GENERAL TO GOVERNMENT OF HP,SIMLA V. SMT. LEELA DEVI AND ORS. [REFERRED TO]
BAKSHI LOCHAN SINGH AND OTHERS V. JATHEDAR SANTOKH SINGH AND OTHERS [REFERRED TO]
BELI RAM AND OTHERS V. ISHAR DAS [REFERRED TO]
WEST'S PATENT PRESS CO. LTD. AND ANR. V. GOVINDNAIK GURUNATHNAIK KALGHATGI AND ORS. [REFERRED TO]
SUKUMARAN AND OTHERS V. AKAMALA SREE DHARMA SASTHA IDOL AND OTHERS [REFERRED TO]
PARAS MAL AND ANR. V. MS. SOBHAG DEVI AND ORS [REFERRED TO]
MUNSHI ABDUL RAHIM KHAN AND OTHERS V. FAKIR MOHAMMAD SHAH AND ANR. [REFERRED TO]
DEOKI NANDAN VS. MARLIDHAR [REFERRED TO]
MENAKURU DASARATHARAMI REDDI VS. DUDAUKURU SUBBA RAO [REFERRED TO]
KUNDAN LAL RALLARAM VS. CUSTODIAN EVACUEE PROPERTY BOMBAY [REFERRED TO]
HIRA LALPATNI VS. KALI NATH [REFERRED TO]
SWAMI PARAMATMANAND SARASWATI VS. RAMJI TRIPATHI [REFERRED TO]
R VENUGOPALA NAIDU VS. VENKATARAYULU NAIDU CHARITIES [REFERRED TO]
RAGHUNATHI VS. RAJU RAMAPPA SHETTY [REFERRED TO]
SAWARNI VS. INDER KAUR [REFERRED TO]
VIDHYADHAR VS. MANKIKRAO [REFERRED TO]
KULDIP CHAND VS. ADVOCATE GENERAL TO GOVERNMENT OF HIMACHAL PRASHAD [REFERRED TO]
R V E VENKATACHALA GOUNDER VS. ARULMIGU VISWESARASWAMI AND V P TEMPLE [REFERRED TO]
SUDHIR G ANGUR VS. M SANJEEV [REFERRED TO]
SANJAY VS. MANIK ROY [REFERRED TO]
JOGINDER SINGH BEDI VS. SARDAR SINGH NARANG [REFERRED TO]
NIRANJAN KAUR VS. NEW DELHI HOTELS LIMITED [REFERRED TO]
KAILASH CHAND VS. GANPAT RAI [REFERRED TO]
NARAIN SINGH VS. MAHINDER SINGH [REFERRED TO]
RAMESH CHANDRA VS. GULAB RAI [REFERRED TO]
PANNALA RENUKA VS. KAVALI VENKATIAH [REFERRED TO]
CHAUDHARI KANHAIYALAL KESHRIMALJI VS. SHANKARPRASADJI BABU RAMPRASAD BHARGAVA [REFERRED TO]
VENKATESH MANDIR TRUST VS. JANKI PRASAD CHOUDHA [REFERRED TO]
VIDYA CHARAN SHUKLA VS. TAMIL NADU OLYMPIC ASSOCIATION [REFERRED TO]
K RAJAMANICKAM VS. PERIYAR SELF [REFERRED TO]
SURAJ BHAN VS. BODHA NAND [REFERRED TO]
THAKUR PANDEY VS. BUNDI OJHA [REFERRED TO]
MANMOHAN SINGH CHAWLA VS. RAJESH BERRY [REFERRED TO]

JUDGEMENT

(1.) In this representative suit under Section 92 of the Code of Civil Procedure, removal of Defendant No. 1 to 4 from the Trustee-ship from 'Mandir Madana and Sawan Das Dharmarth Trust' with directions to render accounts and to deliver the possession of the trust properties, as disclosed in paragraph no: 2 of the plaint, to the new Trustees is claimed on the plea that the aforesaid Trust is being mismanaged.

(2.) Aforesaid Trust is stated to be registered and one of the Trust property is said to be located in Delhi and the Temple and Dharamshala of the Trust in Madana was purportedly meant for the use and enjoyment of the residents of Delhi and the legal representatives of the Settler of Trust are said to be residents of Delhi. The cause of action to institute this suit purportedly arose in August, 1980, when the Statutes of Lord Radhakrishna and other articles were removed from the Temple known as Mandi Radhakrishna, situated in Village Madana, Distt. Rohtak, Haryana; and again, when the said Piao/Piggi and agricultural land attached thereto was allowed to be illegally occupied by unauthorized occupants and the irregularities as to creating a new tenancy and sell out of the properties belonging to Trust, came to light. Lastly, it arose in first week of February, 1984, when the Defendants had finally refused to render the accounts of the Trust.

(3.) On 7th February, 1986, leave was granted to the Plaintiffs to institute this suit and thereafter, written statement was filed by the Defendants, but it would be worthwhile to refer to the written statement filed by the surviving Trustee/Defendant No. 4, who has taken number of preliminary objections and has raised a challenge to the maintain (sic) of this suit and has denied that the residential property No. 4116-18, at Naya Bazar, Delhi, which is under tenancy, is not a trust property but is the exclusive property of the descendants of Late Shri Sawan Das. However, it is rot disputed that the Temple in Village Madana was constructed in somewhere in the year 1908 by forefathers of Late Shri Sawan Das and Shri Dewat Ram and the same was maintained with the aid of donations and contribution made by descendents of Late Shri Sawan Das and some funds contributed by the society known as 'Mandir Madana and Sawan Das Dharmarth Trust'.

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B K GOEL Vs. MANOHAR LAL

Referred Judgements :-

JUDGEMENT

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