JUDGMENT

S.N. Variava, J.-This Appeal is against the Judgment dated 29th December, 1989, by which Letters Patent Appeal No. 299 of 1984 filed by the Appellant herein has been dismissed.

2. Briefly stated that facts are as follows :

The Appellant claims to be a lessee under a Lease Deed dated 3rd August, 1960, executed by one Mahant Mahal Singh in favour of the Appellant for a period of 99 years at an annual rent of Rs. 43/-. The Respondent claiming to be the Mahant filed a suit for recovery of possession on the basis that the property was a Trust property and that Mahant Mahal Singh had no authority to lease out the property. It was also claimed that the lease deed was executed without any consideration and/or legal necessity and therefore, the lease was void and not binding on the Trust. It was claimed that the Trust was entitled to possession of the property. On the basis of pleadings the Trial Court inter alia framed the following issues :

"1. Whether the suit does not lie in the present form?

2. Whether the plaintiff has a locus-standi to file the present suit?

3. Whether the lease in question was made for legal necessity and for consideration an