NARINDER CHANEL MEHRA Vs. SURINDER CHAND MEHRA

JUDGEMENT

(1.) The Trial Court dismissed the application of the defendant-petitioners for directing the plaintiff-respondents to place on record better particulars regarding the description of property in dispute as well as the claim of plaintiff Surinder Chand Mehra as Secretary of the plain tiff-Trust.

(2.) After hearing the learned Counsel for the petitioner. I find that there is non-compliance of the provisions of Order VII, Rule,3 of the Code of Civil Procedure (hereinafter referred to as 'the Code') inasmuch as this is a suit for permanent injunction regarding immovable property and the plaintiffs are required to supply description of the property so that the same can be sufficiently identified. Perusal of the copy of the site plan filed alongwith the petition shows that it is not at all described properly. What is stated in the plaint is that it is "suit for permanent injunction restraining the defendants from causing any interference over the property situated outside Ghee Mandi, City Centre Area, G.T. Road, Near Ram Talai, Amritsar owned and possessed by the plaintiffs for charitable purposes fully shown in the site plan attached with the plaint as per registered Trust Deed dated 25.3.1938 registered in the Office of Sub-Registrar, Amritsar on 28.3.1938 or selling the said property to anybody else in any manner whatsoever".

(3.) The site plan is also not complete as it does not give the total area with its measurements. It is also not explained how Surinder Chand Mehra (plaintiff) became Secretary of the Trust.