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