BHAI HOSPITAL TRUST Vs. PARVINDER SINGH

JUDGEMENT

(1.) Vide the order passed by this court on 19/03/2001 issues 1 and 2 were directed to be treated as preliminary issues. By virtue of the present order the said issues are proposed to be disposed. The same reads as under:-

(2.) The aforesaid issues require consideration as a result of the following facts.

(3.) Bhai Hospital Trust is stated to be a trust with plaintiff nos. 2 to 4 as its Trustees. The defendant no.6 (Jagdish Anand) is also stated to be one of the first trustees of the above said trust. The present suit has been filed by the plaintiffs for a declaration against defendants 11 to 4 that defendants 1 to 4 were not the lawfully appointed trustees of Bhai Hospital Trust. They have no legal right or authority to seek to act as such and that plaintiffs 2 to 4 and defendant no.6 are the only lawful trustees of Bhai Hospital Trust. It also seeks a permanent/prohibitive injunction against defendants 1 to 4 restraining them from in any manner intermedling or interfering in the affairs and assets of the plaintiff no. 1 trust (Bhai Hospital Trust). A mandatory injunction is also claimed against defendants 1 to 5 requiring them to forthwith make over to plaintiffs 2 to 4 and defendant no.6 of the share certificates relating to the shares owned by Bhai Hospital Trust.