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2011 Supreme(Del) 917

SUNIL GAUR
B. K. Goel and others – Appellant
Versus
Manohar Lal & Ors – Respondent


Advocates Appeared:
Mr. Anil Kr. Gupta, Ms. Manju Goel, Advocates for the Plaintiffs.
Mr. R.P. Bansal, Senior Advocate with Mr. Ramesh Mahajan, Mr. Sheetesh Khanna, Mr. Pramod Tyagi and Mr. Gautam Anand, Advocates for the Defendant No. 2(A), 4 and 5.

Sunil Gaur, J.

1. In this representative suit under Section 92 of the CPC, removal of Defendant No. 1 to 4 from the Trustee-ship from `Mandir Madana and Sawan Das Dharmarth Trust' with directions to render accounts and to deliver the possession of the trust properties, as disclosed in paragraph no: 2 of the plaint, to the new Trustees is claimed on the plea that the aforesaid Trust is being mismanaged.

2. Aforesaid Trust is stated to be registered and one of the Trust property is said to be located in Delhi and the Temple and Dharamshala of the Trust in Madana was purportedly meant for the use and enjoyment of the residents of Delhi and the legal representatives of the Settler of Trust are said to be residents of Delhi. The cause of action to institute this suit purportedly arose in August, 1980, when the Statutes of Lord Radhakrishna and other articles were removed from the Temple known as Mandi Radhakrishna, situated in Village Madana, Distt. Rohtak, Haryana; and again, when the said Piao/Piggi and agricultural land attached thereto was allowed to be illegally occupied by unauthorized occupants and the irregularities as to creating a new tenancy and sell out of the properties belon

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