ASSOCIATION FOR VOLUNTARY ACTION Vs. CHILD TRUST

JUDGEMENT

(1.) This is an application under Order 12 Rule 6 CPC filed by the plaintiff seeking a decree on admissions. The suit is filed seeking a relief of mandatory injunction against the defendants for vacating the suit premises bearing Khasra No.353 measuring 2 bighas and 5 biswas in Village Garhi Khusro near Ibrahimpur, Delhi and a decree of permanent injunction against the defendant permanently restraining them from causing disturbance, hindrance or nuisance in the peaceful possession of the plaintiff in the suit property.

(2.) It is the contention of the plaintiff that the plaintiff organisation entered into an agreement with the owner of the suit property on 10.09.1977 granting permission to the plaintiff to use the suit property. The period of agreement is stated to be for 20 years and the premises is to be used for charitable and social purposes. In terms of the said Agreement the plaintiff has also constructed two storey buildings at the suit premises by investing a huge amount for carrying on its activities.

(3.) It is further stated that on a representation by defendants, plaintiffs and defendant no.1 entered into a Memorandum of Understanding on 28.12.2006 on terms and conditions effective from 1.1.2007 for a period of six months only. The MOU provided that the parties will carry out certain joint projects/social activities in the suit premises. It is stated that the MOU expired on 30.6.2007 and it was further renewed by letter dated 29.6.2007 for another period of six months. Subsequently on expiry of the renewed period, the plaintiff issued a letter dated 21.12.2007 asking the defendants to vacate the premises by 7.1.2008. A notice dated 24.12.2007 was also issued. Another communication/notice was sent on 11.2.2008.