RAM BABU Vs. RAJ BAHADUR

JUDGEMENT

(1.) This is defendant's second appeal under Section 100 Code of Civil Procedure against the judgment and decree dated 28.2.2017 passed by the additional District Judge Court No.14, Allahabad in First Appeal No. 301 of 2013 (Raj Bahadur Vs. Rama Bai Trust and Others) whereby the appeal was allowed. The lower appellate court by the impugned judgment and decree has set aside the judgment and decree dated 4.3.2013 passed by the trial judge in Original Suit No.722 of 2009 ( Raj Bahadur Vs. Ramabai Trust); decided Issue no. 7 in favour of the plaintiffs and held that the plaint cannot be rejected under Order 7 Rule 11 (d) of C.P.C.

(2.) The relevant facts for consideration in the present appeal are that one Smt. Latifanbai @ Rama Bai had created a Trust on 7th August, 1949 namely Rama Bai Trust with regard to the property House Nos. 49,50,51 and 52 situated at Mohalla Meerganj including other properties situated at Alopibagh District- Allahabad for public purposes (Dharmsala). Since, several tenants were residing in the aforesaid houses and the purpose for creating the trust was not being fulfilled, therefore, all the trustees after the death of Smt. Latifanbai @ Rama Bai decided to sell the property and accordingly filed an application before the District Judge, Allahabad seeking permission to sell the property as mentioned above.

(3.) The District Judge Allahabad vide order dated 14.5.1968 granted permission to sell the aforesaid property belonging to the Trust. On 21.5.1975, this Court appointed official trustee of the aforesaid trust who has full authority and power to sell the aforesaid property.