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2015 Supreme(Del) 4388

HIMA KOHLI
In the Matter of: Tirath Ram Shah Charitable Trust – Appellant
Versus
Sughra Bi @ Sughra Begum (Decd. ) – Respondent


Advocates:
For the Plaintiffs :Mr. Ajay Kumar Tandon, Advocate with Ms. Titisha Mukherjee, Advocate.
For the Defendant :Mr. S.D. Ansari, Advocate for the LRs of the defendant.

JUDGMENT :

Hima Kohli, J.:--

I.A. 12447/2008 (by the plaintiffs u/O XII R 6 CPC)

1. The present application has been filed by the plaintiff under Order XII, Rule 6 CPC praying inter alia for passing a decree of possession in respect of the suit premises in its favour, based on the admissions made by the defendants.

2. A brief glance at the factual matrix of the case is considered necessary. The plaintiff/Trust has filed the suit for a decree of possession against Smt. Sughra Begum, the predecessor-in-interest of the defendants in respect of a shop on the ground floor of the Tirath Ram Shah Charitable Trust Hospital, being run by it at Rajpur Road, Delhi, for recovery of a sum of Rs.36 lacs towards the arrears of rent/donation/contribution, and for pendente lite and future damages towards the use and occupation of the said shop alongwith interest etc.

3. As per the averments made in the plaint, the plaintiff/Trust had let out the subject shop to Mrs. Sughra Begum (since deceased) for the purpose of supplying drugs, etc., in bulk/retail to the Hospital. An agreement was executed between the parties on 29.03.1975, whereunder the deceased defendant had agreed to pay a sum of Rs. 350/- to t


























































































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