BHARTI SANGAM TRUST Vs. VIDYA CHARAN SHUKLA

JUDGEMENT

(1.) VIDE impugned order dated 26.8.2009, CS(OS) No.1401/2005 filed by Bharat Sangam Trust under the signatures of Jagdish Sharma, claiming to be a trustee, has been dismissed: holding that Mr.Jagdish Sharma had neither pleaded nor shown any authority to sue on behalf of the plaintiff.

(2.) THE suit in question seeks a declaration pertaining to an agreement dated 10.2.2005, signed by Sh.Vidya Charan Shukla, defendant No.1, creating rights in favour of defendants No.2 and 3 i.e. MGF Development Ltd. and M/s.Columbia Holdings Pvt. Ltd. Under the agreement, a 0.5 acre land allotted by L&DO to Bharat Sangam Trust is to be developed, as per averments made in the plaint through defendants No.2 and 3. It is alleged in the plaint that the agreement in question fouls the terms under which L&DO has demised the land to Bharat Sangam Trust. THE prayer in the plaint is predicated on the ground that if the agreement is allowed to be implemented, the plaintiff would lose a valuable property.

(3.) LEARNED counsel for the appellant concedes that averments made in paragraphs No.23 and 24 would have no bearing on the issue whether Jagdish Sharma could sue on behalf of Bharat Sangam Trust, but urges that averments in paragraph 1 of the plaint constitute sufficient authority in Jagdish Sharma, required to be pleaded, for the suit to be filed under his signatures.