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2009 Supreme(Del) 29

MUKUL MUDGAL, MANMOHAN
SOUTH DELHI CLUB LTD. – Appellant
Versus
LAL CHAND PUBLIC CHARITABLE TRUST – Respondent


Advocates appeared:
Mr. Rajat Aneja, Advocate.
Mr. A.S. Chandhiok, Sr. Adv. with Ms. Ekta Kapil, Ms. Sweta Kakad, Ms. Abhiruchi Mengi, Advocates.

JUDGEMNT

MUKUL MUDGAL,J.

1. The present appeal arises out of the judgment and decree dated 22nd October, 2002 in IA No. 7085/2000 and 4681/2001 in Suit No. 518/1999 titled as M/s. Lal Chand Public Charitable Trust vs. M/s. South Delhi Club Limited wherein the learned Single Judge by way of the impugned judgment passed a decree for possession of the suit property against the appellant thereby allowing the application under Order 12 Rule 6 filed by the plaintiff-respondent herein. The learned Single Judge also dismissed the application filed by the appellant under Section 114 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act) seeking relief against forfeiture.

2. The brief facts of the case are as follows: -(a) The appellant Club is a company registered under Section 25 of the Companies Act. The appellant has 1700 members and has 125 employees. (b) The respondent is a charitable trust constituted under a deed of declaration duly registered. (c) By a sub-lease dated 4th November 1965, the property described as Plot of land and building in Block-M, Greater Kailash, Part-I, New Delhi, was leased to the appellant for a period of 25 years (hereinafter referred to as






















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