ROMILA BHATNAGAR Vs. RADHA SOAMI SATSANG SABHA

JUDGEMENT

(1.) These two connected appeal filed under Sec. 100 of the Code of Civil Procedure arise out of judgment and decree dated 14.08.2020, passed by Additional District Judge, Court No. 13, Agra, in Civil Appeal No. 63 of 2015 and Civil Appeal No. 64 of 2015, decided by common judgment and decree passed by Additional Civil Judge (Senior Division), Court No. 3, Agra in Original Suit No. 570 of 2004 and Original Suit No. 253 of 2007.

(2.) plaintiffs-appellants filed Suit No. 570 of 2004 for the relief of permanent prohibitory injunction, restraining defendants-respondents from interfering in their peaceful possession or dispossessing them from property in dispute, as well as relief for declaration that they be declared owner of the property in possession. According to plaint averment, plaintiff no. 2 after retirement from service as Chief Engineer, U.P. Electricity Board, being follower of Radha Soami Faith, Dayal Bagh, Agra and defendant-respondent no. 1, who was owner in possession of the very land in village Jaganpur Mustaqil (now under Nagar Panchayat), Dayal Bagh was interested to sell the properties after carving out small plots for residential purposes, and one such plot was purchased by plaintiffs. The Sixth Religious Leader of Radha Soami Faith, Dayal Bagh, Huzur Mehta Ji Maharaj had declared to sell land to purchasers and granted his blessings on 08th February, 1973 as "owners" to them. According to averment made in plaint, defendants-respondents in the year 1972-73 had agreed to transfer the land to plaintiffs for sale consideration of Rs.5,473/- @ Rs.13/- per square yard, excluding development charges. The total amount of Rs.11,678/- was paid by plaintiffs. Several plots were carved out, since there was a temporary ban on transfer of property w.e.f. 12.07.1972, defendant-respondent no. 1 could not execute the sale deed, but possession in part performance, of plot no. 30, Dayal Nagar, measuring 421.07 square yard was delivered to plaintiffs in 1973 for agreed sale consideration. The construction over the said plot was completed in September, 1974 and plaintiffs are in peaceful possession of the same.

(3.) The defendant-respondent nos. 1, 2 and 3 contested the aforesaid suit and filed their separate written statement, denying the averments of the plaint. Further, in the additional pleas, it was averred that defendant-respondent no. 1 is the owner and bhumidhar of Khasra Plot No. 232, having an area of 5 bighas and 8 biswas of Village- Jaganpur, Tehsil and District- Agra. It was around the year 1971-72 that Sabha was not able to use the land and was considering selling it, as large part of land was occupied by wild "berries" and pond, as several Satsangies were settling near the Dayal Bagh to pursue their religious objects and defendant-respondent no. 2 also approached defendant-respondent no. 1 on 15.07.1972, and at that relevant point of time, there was a ban on transfer of urban property, a resolution was passed on 30.11.1972 that plot in question may be sold to defendant-respondent no. 2 for achieving objects of Sabha for establishing colonies. However, this resolution was in nature of declaration of intent and was never acted upon. It was decided that pond on the plot may be filled up and the land cleared and measured and boundary wall be constructed by defendant-respondent no. 2.