RAJIV BUDHWAR Vs. LALIT KUMAR BUDHWAR

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 5.8.1997, passed by the learned Civil Judge (Sr. Division), Ferozepur, who, dismissed the objections of the petitioner by holding that on 22.9.1983 a permission was granted to the plaintiff to file the suit under Section 92 of the Code of Civil Procedure.

(2.) SOME facts can be noticed in the following manner. S/Shri Mool Chand Budhwar and Lalit Kumar filed a suit under Section 92 C.P.C. against Shri B.N. Budhwar and Mrs. Shakuntala Budhwar in respect of trust property Sarai Nagar Mal Budhwar situated near Adda Malwa Bus stand bearing Municipal No. ES/23/20, 21, 22 outside Delhi Gate, Ferozepur and the allegations of the plaintiffs were that the property referred to above is a trust property known by the name of Sarai Nagar Mal Budhwar and defendants have committed the breach of the trust and, therefore, they are liable to account for the income of the trust and also some arrangement should be made with regard to the properly.

(3.) THE parties were given the opportunities to lead evidence and on the conclusion of the proceedings, vide judgment dated 6.9.1985, the Court of Senior Sub Judge, Ferozepur, decreed the suit against the defendants and defendants were removed from the trustees of Sarai Nagar Mal and it was ordered that Shri Mool Chand Budhwar and other trustees shall manage the affairs of the Sarai Nagar Mal and the defendants were given two months time to hand over the possession of the Sarai/disputed property to the plaintiffs and the defendants were further directed to render the accounts failing which the possession could be taken in the execution proceedings. It was also ordered by the trial Court vide order dated 6.9.1985 that the plaintiffs can submit as application for the appointment of permanent trustees and the same would be done during the execution proceedings after inviting objections if any. It was further ordered that plaintiffs shall submit a draft scheme for the approval of the Court for the management of the Sarai property.