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1997 Supreme(Del) 304

B.GOEL
R. N. SACHDEVA – Appellant
Versus
RAM LAL MAHAJAN CHARITABLE TRUST – Respondent


Advocates Appeared:
G.S.SISTANI, M.S.Mann, MUKUL ROHTAGI, V.K.Makhija

J. B. Goel, J.

( 1 ) BY this order I will dispose of I. A. 12174/96 under Order 12 Rule 6 read with Section 151 Civil Procedure Code filed by the plaintiffs to grant a decree of possession of the suit premises on admission.

( 2 ) THIS application has been filed in a suit for possession, and for arrears of rent, damages and mesne profits filed by the plaintiff against the defendants.

( 3 ) IT appears that plaintiffs 3 to 6 are the owners of property No. C-6/8, Safdarjung Development Area, New Delhi. Plaintiffs I and 2 are their parents and the property was purchased when one of the plaintiff was minor, her mother acting as her guardian and plaintiff No. 1 has been looking after/managing the properly.

( 4 ) THE property was given by plaintiff No. 1 on behalf of the owners to defendant No. 1, Trust for running a Nursing Home by means of an "agreement of Collaboration" dated 5. 1. 1984 executed between the partics. It provided that this agreement will be for a period of 39 months commencing from 1. 1. 1983 and the defendants were to pay to the plaintiffs a share of 20% of the gross receipts earned by the Nursing Horne subject to a minimum of Rs. 20,000. 00 per month but it was also agr
























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