JAYA SHUKLA Vs. BAL KALYAN SAMITI

JUDGEMENT

(1.) Having heard the pros and cons put forth by the learned Counsels for the parties, it transpires that a civil suit no. 425/1995 was instituted on 12.6.1995 by Smt. Jaya Shukla seeking declaratory decree that she be declared the exclusive owner of the property, in question, on the strength of Will in her favour. It was also prayed that the Samarpan, Sankalp and Utsarg purportedly made by Smt. Shakuntala (the original owner of the property) be declared as if it never took place.

(2.) It has been revealed in the plaint that the defendant, which is Bal Kalyan Samiti, a registered society, is in the possession of the major part of this property ever since 1991, viz. from the lifetime of Smt. Shakuntala herself, who passed away on 25.1.1995. Meaning thereby, the defendant committee remained in occupation of such property at least since four years before of the death of original owner Smt. Shakuntala. After her death, the suit was instituted by Smt. Jaya Shukla, claiming herself to be the daughter of Smt. Shakuntala, for the reliefs as have been indicated above. Details of property have been mentioned at the foot of the plaint. This property is popularly known as 16A Rajpur Road (3 Narayan Muni Marg), Dehradun. This suit was prolonged in the Court of the learned Trial Judge for more than 20 years and ultimately it was dismissed on merits on 13.1.2016, whereagainst this First Appeal No. 11/2016 was preferred on 17.2.2016 and this Court, upon hearing the learned Counsel for the appellant, passed an ad interim injunction directing the parties to maintain status quo over the property in question. Fortiori, it was also directed that neither of the parties shall create any third party interest or encumbrance over such property in any manner, whatsoever.

(3.) It has been in the record that after taking the possession way back in 1991, some time later, this committee founded a school to impart the elementary education up to 5th standard and this school is being run up till now.