( 1 ) PLAINTIFF No. 1 is the brother of defendant No. 2 and defendants 3 and 4 are the wife and son respectively of defendant No. 2. Defendant No. 1 is a society registered under the Societies Registration Act, 1860 and it is not disputed that the society is a non-political, non-profit making and non-sactarian society. Its aims and objects, inter alia, are to establish, maintain, control and run Medical Research Centres in various systems of medicine and to render medical aid or relief and for the purpose aforesaid to open, establish, maintain, manage, control and conduct dispensaries, hospitals etc.

( 2 ) THE suit has been filed by the plaintiff under Section 92 Civil Procedure Code. claiming a decree for declaration to the effect that the suit property is a public trust property,namely, Khosla Hospital, situated at Shalimar Bagh (West), Delhi, which is run by defendant No. 1 society as a public trust and neither defendant No. 1 nor its Board of Directors including defendants 2 to 4 can transfer or sell the property or change the management of the hospital through any means. Simultaneously, while filing the suit, a prayer was made seeking leave of the Court to in