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1977 Supreme(Del) 43

AVADH BEHARI ROHATGI
S. S. BHAGAT – Appellant
Versus
N. S. AHLUWALIA – Respondent


Advocates Appeared:
AMARJIT SINGH, ASHOK GROVER, N.S.BINDRA, S.C.SINGHA

AVADH BEHARI ROHATGI, J

( 1 ) SIX plaintiffs claiming themselves to be trustees of six trusts have brought this suit under s. 92 of the Code of Civil Procedure (the Code) against N. S. Ahluwalia, the sole defendant. It is alleged in the plaint that the defendant has committed serious breaches of trust.

( 2 ) THE reliefs asked for in the plaint are as follows : that the defendant be removed from the office of the trustee; that he be directed to render accounts; that he be ordered to deliver the trust property and a declaration that the property was an endowed property should be made.

( 3 ) IN the plaint the plaintiffs say that by an order dated January 11, 1974 they have obtained the consent of the Additional District Magistarate (South) Delhi exercising the powers of the Advocate- General under s. 92 of the Code as conferred upon him by the Lt. Governor Delhi for the institution of the present suit.

( 4 ) THE defendant has raised numerous defences to the suit. As regards consent the defence is that no valid consent has been obtained under s. 92 of the Code. On this plea the following preliminary issue was framed on January 31, 1975 : Whether a valid permission as envisaged within th






















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