BUDDHIST SOCIETY OF INDIA Vs. BHANTE NAGA SENA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 11.05.2001 which had endorsed the finding of the trial judge dated 22.02.2010 whereby the suit filed by the plaintiff i.e Buddhist Society of India seeking permanent injunction against the defendant restraining him from interfering with the possession of the plaintiff qua the suit land (as depicted in red colour in the site plan) had been dismissed.

(2.) THE plaintiff is a society; suit had been filed through Attorney, Sh. R.S. Gautam; it had been set up by persons belonging to the scheduled castes community of the Munirka Villate since about four decades; it was carrying activities on the Abadi land of the village; land had been assessed to house tax since 1979 and comprised of a Bhavan and other rooms; it was in an area of 1600 sq. yards of land; suit property was possessed and managed by the plaintiff society; it was for worship and other charitable purposes. Defendant being a native of the Village Munirka, became a monk in June 1985 and since then he had been showing all his zeal to preach Buddhist sermons; defendant had plans to take possession of the building illegally and forcibly and was threatening to usurp this property which would create a law and order situation; this threat was first given on 12.11.1985; it was again given on 17.11.1985; present suit was accordingly filed in November, 1985 seeking the aforenoted reliefs.

(3.) ORAL and documentary evidence was led.