ARYA ORPHANGE Vs. ALFRED G WUERFEL FC

JUDGEMENT

(1.) THE present suit instituted by the plaintiff against the defendant on 27. 11. 2001 is for possession, recovery of mesne profits and permanent injunction.

(2.) THE relevant facts as they emerge from a reading of the plaint are as follows. The plaintiff institution known as 'arya Orphanage' is a society registered under the Societies Registration Act, 1860, which owns, inter alia, a big complex at 1488, Pataudi House, Darya Ganj, New Delhi and another complex having an area of about 10 acres known as 'des Raj Campus' in east of Kailash, New Delhi. The institutions working under the control of the plaintiff or associated with it cater to the care, upbringing and education of more than 1100 orphan/destitute boys and girls, providing free boarding and lodging to them.

(3.) THE property bearing No. 13, Barakhamba Road, situate on Plot No. 31, Block No. 148, New Delhi (hereinafter referred to as the suit property)belonged to one Lala Narain Dutta, who was its owner and perpetual lessee, the lease having been granted by the Government of India on 31. 05. 1932. Lala Narain Dutta died on 07. 11. 1950, leaving behind his widow, his only son Shri Krishan Dutta and three daughters. Shri Krishan Dutta, soon after the death of his father, asserting himself to be the absolute owner of the said property, vide his letter dated 06. 05. 1952, got his name mutated as such owner in the record of the Landdo as also in the record of the New Delhi municipal Committee. Shri Krishan Dutta along with his mother and his wife Mrs. Rani Dutta continued to live in the said property till he breathed his last on 24. 09. 1976.