S.K.AGARWAL
AMRIT LAL KOHLI – Appellant
Versus
HARBANS LAL KOHLI – Respondent
( 1 ) THE plaintiffs in this suit are seeking a decree of declaration that the trust deed dated 22nd January, 1966 in respect of their 2/5th share in plot no. 32, Block - E measuring 250 sq. yds situated at New Delhi South Extension, Part-ll, New Delhi (for short the suit property) has extinguished.
( 2 ) THE plaintiffs filed the suit for declaration alleging therein that on 13th January, 1965 by a registered sale deed the plaintiffs purchased the suit property and thereafter raised construction on it with their own funds; the ground floor was let out to the State Bank of India while part of it is in occupation of the defendants 3 and 4; plaintiffs had three sons namely, Sanjay Kohli, Sanjeev Kohli and Sandeep Kohli. Sanjay Kohli died unmarried on 12. 2. 1991; the plaintiff was keeping indifferent health and was busy with other important affairs and it was thought fit to create a trust in respect of the suit property for its proper management and preservation and accordingly a trust was created by them on 22. 1. 1966. The main object of the Trust was to maintain the aforesaid three children with the income of the said property and to engage them in some vocation for ea
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