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2010 Supreme(Del) 93

S.RAVINDRA BHAT
SOCIETY OF THE HOLISTIC CHILD DEVELOPMENT INDIA – Appellant
Versus
CHURCH OF NORTH INDIA SYNOD – Respondent


Advocates appeared:
Dr. M.P. Raju, Advocate.
Ms. Anisha Banerji with Ms. Mrinalini Gupta, Advocate.

JUDGMENT

1.The plaintiff in this suit, the Society of the Holistic Child Development India (hereafter called “HCDI”) seeks a decree under Section 6 of the Specific Relief Act, 1963 (hereafter “the Act”) directing the defendants to restore possession of a portion of the building CNI Bhawan, Pandit Pant Marg, occupied by it (hereafter called “the suit premises”).

2. The plaintiff says that it is a registered society, with charitable and non-profit objects, such as upliftment of the poor, destitute, orphaned and abandoned children, irrespective of creed, or religion, AIDS orphans, children of sex-workers, child labourers, rag-pickers, etc. It came into existence with effect from 1-1-1995. It alleges to being the successor of the Church of North India Council for Child Care (CNI-CCC), which was previously an organ of the first defendant (hereafter “CNI”). The second defendant is a trust, which manages all properties of the CNI. The CNI-CCC, it is stated, used to carry on similar activities as the plaintiff, and was funded by Kindernothilfe of Germany. It is stated that in 1993, due to change in the socio economic scenario, the Kindernothilfe was compelled to change its functioning, and


















































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