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2018 Supreme(MP) 1019

ROHIT ARYA
HEMANT KUMAR HALA alias SEM – Appellant
Versus
SENODICAL BOARD OF HEALTH SERVICES – Respondent


Advocates Appeared:
For Appellant : A. M. Mathur, Abhinav Dhanodkar
For Respondent: Ravish Agarwal, Anshuman Singh, Ms. Darshana Baghel

ORDER : – This appeal by defendants No. 4 and 5 under section 96, CPC is directed against the judgment and decree dated 8-2-1999 in Civil Suit No. 35A/1991 by the trial Court decreeing the suit for eviction, mesne profits and for possession commanding (i) defendants to handover possession of bungalow No. 44, Neemuch (for short, ‘the suit property’) to the authorized persons of the plaintiff together with open land and the erected structures thereupon as described with red ink in Schedule ‘A’ and exhibit P/10; (ii) defendants No. 4 and 5 upon expiry of the licence on 2-10-1979 are liable to pay Rs. 200/- per month as compensation with effect 2-10-1979 till delivery of possession and (iii) costs, expenses and counsel’s fee of the plaintiffs payable by the defendants.

2. Plaintiffs inter alia pleaded that the plaintiff No. 1 is a society registered under the Registration of Societies Act, 1960 bearing registration No. S-7664 dated 27-5-1975 issued by the Registrar of Societies Delhi Administration, New Delhi.

2.1 Plaintiff No. 1 has been constituted by the Synod of Church of North India. There are several Regional Boards of Health Services functioning under it and one amongst them is

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