SARASWATI SHIKSHA SAMITI Vs. RANJAY PRATAP

JUDGEMENT

(1.) The petitioner is the defendant in a Suit, which was preferred by the plaintiff(s)/respondent(s), whose predecessor owner in possession of property i.e. late father Mr. Ramlal is said to have gifted the property by virtue of a Gift Deed, executed on 28th August 1997 in favour of the petitioner/Society for the purposes of establishment of a School, so that the awareness amongst the children/people of local area may increase. Consequently, by virtue of a registered Gift Deed which was registered on 28th August 1997 by late Mr. Ramlal, he had gifted the land having an area of about 1.359 hectares, being a land lying in khasra No. 276 and 273, situated in village Mahuvadawara, Tehsil Jaspur, District Udham Singh Nagar, it was gifted exclusively for the purposes of running an Educational Institution. Consequently, upon the execution of the Gift Deed of the said land the petitioner/society, after putting heavy investments have raised a superstructure of the school over which the school at present is running, after the same has been upgraded by the permission granted on 26th September 2000 and on 26th June 2004 respectively, as would be apparent from the literature of the Institution about the establishment of the same and regarding its subsequent up-gradation into High School and as an Intermediate College made by virtue of an order dated 26th September 2008. After the school started functioning and after the death of Mr. Ramlal on 1st April 2001, the present respondents are said to have instituted a suit, being Suit No. 2 of 2009, Ranjay Pratap and Others v. Saraswati Shiksha Samiti.

(2.) What would be relevant at this stage which has to be pointed out is that the suit in question was instituted by the plaintiff for the following relief:-

(3.) What is important to be seen at this stage is that in a suit which was instituted on 14th August 2009, seeking a declaration of the Gift Deed dated 28th August 1997, as to be null and void, was without a relief sought for a simultaneous restoration of possession in pursuance to the declaration decree sought for in the suit in question by the plaintiffs/respondents. After the institution of the suit, it is the case of the petitioner that the pleadings were exchanged and after the exchange of pleadings, the learned trial Court had framed number of issues, which emerged out of the respective pleadings of the parties and it was the issue No. 5, with which we are concerned, which was framed by the learned trial Court to the effect that as to whether the suit has been properly valued and the Court fees paid on it was appropriately paid. Issue No. 5 is quoted hereunder:-