DHARAMSHALA LALA LACHMAN DASS TRUST Vs. SUNITA SHARMA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 18.11.2006 which had reversed the finding of the trial judge dated 14.03.2005. Vide judgment and decree dated 14.03.2005, the suit filed by the plaintiffs seeking possession of the suit property (i.e. property bearing No.3, Part of Dharamshala Lala Lachman Dass bearing No.1840 to 1854, Jamna Bazar, Nigam Bodh Ghat, Delhi as depicted in red colour in the site plan Ex.PW-1/8) had been decreed. The impugned judgment had reversed this finding; suit of the plaintiffs stood dismissed.

(2.) Case of the plaintiffs as is borne out from the pleadings is that the plaintiffs are the trustees of the aforenoted Dharamshala Lala Lachman Dass Trust (hereinafter referred to as the Trust). The plaintiffs had built 14 shops at the site and since then were managing the affairs of the trust. Lala Lachman Dass died on 16.10.1963. By virtue of a registered Will dated 02.12.1942 the following persons were left as his legetees:

(3.) The defendant was a licencee in the suit property in terms of the licence deed dated 4.6.1992; he had caused damage to the suit premises. In spite of legal notice dated 24.1.1994 revoking his licence the defendant had failed to vacate the suit property; present suit was accordingly filed.