DARSHAN SINGH Vs. HARI NATH

JUDGEMENT

(1.) -One Damodar Dass filed a suit against Nirbhe Ram of Shahpura (Rajasthan) for himself and representing Ram Bhais and Ram Sanahies residing in Katra Nil, Chandni Chowk, :Delhi for adeclaration that the defendant and other sadhus and fakirs belonging to Ram Bhai sect have no right to let out abuilding which is called Ramdawara or any portion thereof to any tenant or tenants and for a permanent injunction restraining the defendant -and his followers fakirs and Sadhus of Ram Bhai sect from committing any of the said acts. The said suit was disposed of on 30th July 1937 and a decree for declaration and permanent injunction was passed.

(2.) In April, 1956 the present Execution application was filed by the respondent herein against the appellant herein on the allegation that contrary to the injunction granted in the suit, rooms in Rarndwara have been let out to tenants. Before proceeding further, two things must -be pointed out, one is, that the defendant Nirbhe Ram was impleaded in the suit as arepresentative of the sect under Order I, Rule 8 Civil Procedure Code and the second is, that the appellant herein became a mahant in 1955 as successor to Nirbhe Ram and the respondent herein also is not the original plaintiff in the suit but a legal representative.

(3.) In the execution application, principally two defences were put forward-(i) it was time-barred, and (ii) neither the appellant herein or the respondent herein was properly brought on record as legal representatives of the original decree-holder and judgment-debtor. Both these defences did not find favour with the two courts below and hence the present second Appeal.