(1.) Vide order dated 17.2.2003, IA No.9602/2002 was allowed. Applicant/defendant was granted permission to file a written statement within one week subject to payment of cost in sum of Rs.15,000/-. Plaintiff challenged the said order in appeal. Vide order dated 14.1.2005 passed in FAO(OS) No.107/2003, by consent of parties, order dated 17.2.2003 was set aside. IA No.9602/2002 was revived with a direction that the same would be decided on merits. Accordingly, this order disposes of IA No.9602/2002.
(2.) Plaintiff has filed the present suit for recovery of possession and mesne profits. Plaintiff is a registered society established by Swami Shradhanand and is engaged in the activity of rendering charitable service to the society by upbringing and educating orphans, destitute boys and girls.
(3.) Subject matter of the suit is property bearing No.13, Barakhamba Road. As per the plaint, property belonged to late Lala Narain Dutta as a perpetual lessee under the Government of India vide lease deed dated 31.5.1932.