Allahabad High Court Radha Sharan Dubey & Another vs Ram Niwas & Others on 6 March, 2017 Equivalent citations: AIR 2017 (NOC) 828 (ALL.), 2017 (4) ALJ 277, (2017) 1 ALL RENTCAS 783, (2017) 136 REVDEC 243, (2017) 122 ALL LR 377, (2017) 3 ADJ 769 (ALL), (2017) 4 ALL WC 3773 HIGH COURT OF JUDICATURE AT ALLAHABAD AFR Reserved Case : FIRST APPEAL No. 55 of 2008 Appellant : Radha Sharan Dubey & Another Respondent : Ram Niwas & Others Counsel for Appellant : Rahul Sahai,Anil Sharma,K.M.Garg,Nirwikar Gupta Counsel for Respondent : A.K. Gupta,Ashish Agrawal,B.D. Mandhyan Connected with (1) Case : FIRST APPEAL No. 448 of 2007 Appellant : Registered Trust Maheshwari Kunj Nyas Govind Ghera & Another Respondent : Radha Sharan Dubey & Another Counsel for Appellant : A.K. Gupta Counsel for Respondent : Diwakar Rai Sharma,Anil Sharma,Ashish Agrawal,Gulab Chand Tiwari,K.M. Garg,Nirvikar Gupta,Rahul Sahai And (2) Case : FIRST APPEAL No. 472 of 2007 Appellant : Registered Trust Maheshwari Kund Nyas Govind Ghera Respondent : Sri Radha Sharan Dubey And Another Counsel for Appellant : A.K.Gupta Counsel for Respondent : Diwakar Rai Sharma,Anil Sharma,Ashish Agrawal,Gulab Chand Tiwari,K.M. Garg,Nirvikar Gupta,Rahul Sahai AND CrossObjection in First Appeal No. 448 of 2007 on behalf of Radha Sharan Dubey and Shiv Sharan Dubey Objector/Respondents Hon'ble Mrs. Sunita Agarwal,J. Heard Sri Anil Sharma and Sri K.M. Garg, learned counsels for the appellants and Sri Ashish Kumar Singh and Sri Ashish Agrawal, learned counsels for the respondents. The First Appeal No. 55 of 2008 (Radha Sharan Dubey & Another vs. Ram Niwas & Others) arises from Original Suit No. 71 of 1992 filed by Radha Sharan Dubey and Shiv Sharan Dubey. The First Appeal No. 448 of 2007 arises out of Original Suit No. 494 of 1992 filed by Registered Trust Maheshwari Kunj Nyas, Govind Ghera Vrindavan, District Mathura through Ghasiram Tapadia as the Secretary of the said Trust and Kishan Lal Tapadia as Power of Attorney Holder of Ghasiram Tapadia. First Appeal No. 472 of 2007 has been filed by Maheshwari Kunj Nyas trust against the judgment in Original Suit No. 71 of 1992 partly decreeing said suit. In First Appeal No. 448 of 2007, the defendants of Original Suit No. 494 of 1992 have filed their cross objections against the findings on certain issues, recorded in favour of Maheshwari Kunj Trust in the said suit. The delay in filing the cross objections has been condoned and the same has been taken on record by order dated 14.9.2012. The above referred three connected appeals and the crossobjection have been heard at length and are being decided together by this common judgment. The Original Suit No. 71 of 1992 was instituted by Radha Sharan Dubey and Shiv Sharan Dubey sons of Ganga Prasad Dubey against Sri Ram Niwas son of Girdhari Lal and Sri Venu Gopal sons of Ram Niwas; Kishan Lal Tapadia son of late Chandan Mal Tapadia; Ghasi Ram Tapadia son of Not known. Registered Trust Maheshwari Kunj Nyas through Ghasi Ram Tapadia was impleaded at a later stage. The relief prayed was to grant a decree of permanent injunction restraining the defendants and their authorised representatives from evicting them or interfering in peaceful possession of the plaintiffs from the suit property, described at the foot of the plaint. Another suit namely Original Suit No. 494 of 1992 was filed by registered trust Maheshwari Kunj Nyas, Govind Ghera through Ghasi Ram Tapadia its Secretary and Kishan Lal Tapadia son of Sri Chandan Mal Tapadia as Power of Attorney of the Secretary of the Trust Ghasiram Tapadia. After death of Ghasi Ram Tapadia, Ram Niwas Mundra was substituted as Secretary of the Trust. This suit was filed against Radha Sharan Dubey and Shiv Sharan Dubey sons of Sri Ganga Prasad Dubey. Sri Ram Niwas son of Gridhari Lal and Venu Gopal son of Ram Niwas were impleaded as proforma defendants in the said suit. The relief sought in original suit no. 494 of 1992 was for permanent injunction against defendant nos. 1 and 2 namely Radha Sharan Dubey and Shiv Sharan Dubey restraining them from interfering in the managerial rights of the plaintiff no. 1, registered Maheshwari Kunj Trust with regard to Dharmshala known as "Seth Tulsi Ram Kishanlal Boob Roll Walon" situated at Mohalla Govinddeo, Vrindawan, District Mathura, description of the boundaries of the suit property has been given at the foot of the plaint. Further relief was sought to restrain the defendants from realizing rent from the tenants of Dharmshala and from interfering in the work undertaken by plaintiff no. 1 for renovation and maintenance of Dharmshala. Further relief was also sought to restrain the defendants from changing the nature of the suit property or destro