SOCIETY FOR HEALTH AND SOCIAL TRANSFORMATION, REHABILITATION, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT THROUGH ITS PRESIDENT, DR. MOTHER WANGMO Vs. KIMTU DEVI AND ORS.

JUDGEMENT

(1.) MATERIAL facts necessary for adjudication of this application are that the Non -applicant/Plaintiff (hereinafter referred to as "the Plaintiff" for convenience sake), has filed an interpleader suit under Order 7 Rules 1 and 2 read with Section 26 and Section 88 of the Code of Civil Procedure read with Sections 5 and 7 of the Delhi High Court Act, as applicable to Himachal Pradesh.

(2.) THE Plaintiff is a Society registered under the Societies Registration Act, having its registered office at village Ghordour, P.O. Larankelo, Tehsil and District Kullu, H.P.. Plaintiff -Society had entered into lease deed (Memorandum of Understanding) dated 15th October, 1998 with applicant -Defendant No. 1 (hereinafter referred to as "Defendant No. 1" for convenience sake), whereby she had agreed to lease double floor building alongwith land in village Ghorhdor, Post Office Larankelo, Kullu, H.P. for a period of five years at a rental of Rs. 2,10,000/ - per annum w.e.f. 1st May, 1999, out of which, a sum of Rs. 1,30,000/ - had been paid vide cheque No. RPJ 010931, drawn on Punjab National Bank, Naggar. This Memorandum of Understanding was followed by another agreement (lease deed), dated 4th January, 1999, followed by an agreement dated 1st July, 1999, by which certain funds were advanced by the Plaintiff to Defendant No. 1 for construction of the property. Another agreement of understanding was arrived at between the Plaintiff and Defendant No. 1 on 4th November, 1999, whereby the suit property was agreed to be leased out to the Plaintiff for 99 years for consolidated amount of Rs. 50,00,000/ -. It is further averred that Shri Gehru, son of Shri Biru was the owner -in -possession of the land comprising Khata Khatauni Nos. 596/1239, Khasra Nos. 36, 5048/52,6000/1364 and 46, Kite 4, measuring 08 -12 bighas and Khata Khatauni No. 55 min, 55 min, 55 min, 55 min, Kite 5, measuring 31 -5 -0 Bighas according to the Jamabandi for the year 1970 -71, situated in Phati Nathan Kothi Naggar, Tehsil and District Kullu, H.P. Shri Gehru through his wife and General Power of Attorney Smt. Shobi sold 28 bighas of land to Shri Charan Dass Dogra out of the above mentioned land comprising Khasra Nos. 64, 604/55, 6042/55, 36, 484/52 and 58 according to the Jamabandi for the year 1976 -77. Defendant No. 1 instituted a Civil Suit No. 63 of 1983, titled as Kimtu v. Rama Dogra and Ors. in this Court, claiming herself to be the next friend of Gheru, challenging the sale deeds made in favour of Charan Dass Dogra. The same was dismissed by this Court on 10th January, 1997. The Defendant No. 1 preferred Regular First Appeal bearing No. 355 of 1997, challenging the judgment and decree dated 10th January, 1997. The same was allowed by this Court and in execution of the decree dated 25.02.1997, the possession of the land was delivered to Kimtu. There was a litigation between Kimtu, Sheela Devi and Lacchmi Devi. Regular Second Appeals No. 127 of 1994 and 269 of 1993 preferred by Defendant No. 1 were dismissed by this Court. Plaintiff received notice from Defendants/non -applicants No. 2 to 4 claiming themselves to be the owner of the property and that she was not entitled to sell, transfer and encumber the property or receive any rent etc. and they are the owners of the property having been inherited by them from their father, Shri Charan Dass Dogra. The Defendant No. 1 had instituted a suit bearing No. 28 of 2007 for possession and recovery of Rs. 3,25,000/ - in the Court of Civil Judge, Senior Division, Kullu against the Plaintiff. The same is still pending. According to the Plaintiff, Defendant No. 1 and her husband Kapoor Singh Thakur had been interfering with the hospital staff and causing doctors and workers not to work in the hospital. The Plaintiff has prayed for the following relief:

(3.) THE Defendant No. 1 has filed written statement to the plaint. She has taken the preliminary objection that the Plaintiff had taken on lease the disputed property standing on Khasra No. 56 and 55/2 from her and accepted her as the owner of the property. The Society had been dealing with the property as the property of the Defendant No. 1. It is further stated that she is daughter of Gehru. She was put in possession in execution of the decree passed in Civil Suit No. 31 of 1981. On merits, it is admitted that the Plaintiff and Defendant No. 1 had entered into various agreements with regard to suit property. However, it is denied that any final agreement was executed between the parties for lease of suit property for 99 years.