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2009 Supreme(P&H) 1760

SABINA
Murti Shri Durga Bhawani (Hetuwali) Trust – Appellant
Versus
Kulwant Singh – Respondent


Advocates:
For the Appellants:Mr. M.L.Sarin, Sr. Advocate with Ms. Alka Sarin, Advocate,
For the Respondents No.1 and 2:Mr.V.K.Jain, Sr. Advocate with Mr.J.L.Malhotra, Advocate,
For Respondent Nos. 8 and 9:Mr. Sanjeev Gupta, Advocate,

JUDGMENT

Sabina, J. Plaintiffs-Murti Shri Durga Bhawani (Hetuwali) Trust and others filed a suit for possession, which was decreed by the Sub Judge, Ist Class, Karnal vide judgment and decree dated 28.2.1991. In appeal, the said judgment and decree were set aside by the Additional District Judge, Karnal vide judgment and decree dated 16.1.1997. Hence, the present appeal by the plaintiffs No. 1 and 6.

2. Brief facts of the case, as noticed by the lower appellate Court in para Nos. 2 and 3 of its judgment, are as under:-

“2. The plaintiffs/respondents had filed a suit for possession alleging that plaintiff No.1 Murti Shri Durga Bhawani (Hetuwali) Trust (hereinafter referred to as the Trust) is a duly approved trust registered under the Societies Registration Act XXI of 1860. The trust was created vide trust deed dated 11.8.1972 and registered on 14.8.1972 and also vide further supplementary deed dated 18.1.1973 registered on 30.1.1973. It has been submitted that plaintiff No.1, trust, is the owner of the land comprised in Khasra No.4833 besides other land situated within the revenue estate of Karnal. It has been pleaded that defendants without any right or authority trespassed over a

























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