CHANDER KALA Vs. LAKSHMI DUTTT

JUDGEMENT

(1.) THIS order shall dispose of R.F.A. Nos. 982, 983 and 984 of 1984 as the common question of law and facts have arisen.

(2.) THE parties to all the three appeals have filed civil suits against one and another under Section 92 read with Order 1 Rule 8 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') impleading themselves as plaintiffs and the others as defendants or vice versa. The controversy has arisen in respect of a property known as 'Dev Karan Bhawan' situated at Bahadurgarh. The property has a built up portion and some open land attached to it which was acquired and built by one Dev Karan in the year 1918. Dev Karan died issueless and his nephew Bhagwan Chand started asserting himself to be the owner of the property. Bhagwan Chand also died leaving behind Savitri his widow and Chander Kala his daughter. The mother and the daughter sold some open land attached to the building which resulted into filing of a suit by the public at large. The matter went upto the Supreme Court and a direction was issued for framing a scheme to administer the property. A copy of the order dated 30.11.1981 passed by the Supreme Court has been placed on record as Ex. P14 which reads as under :-

(3.) THE learned District Judge held that whosoever is appointed as a trustee of the property, the property has to be used for public purpose and income derived from the property was to be used for its maintenance. It was further held that Smt. Chander Kala and her mother started asserting that the property in dispute was their personal property and on that account they were held not entitled to be appointed as trustees. Similar findings have been recorded in respect of Chuni Lal and Manbhari, plaintiff-respondents. However, the other trustees have already been found ineligible to be appointed as trustees of the scheme alleged to have been made by Shri Lakshmi Dutt marked 'A' and 'B' which was not fit to be adopted.