SMADH MAHARAJA SARDUL SINGH Vs. VED PARKASH

JUDGEMENT

(1.) SMADH Maharaja Sardul Singh situated at Barnala through Tarsem Chand alias Tarsem Das alias Tarsem Lal Chela Mahant Girdhari Lal Mohatmim, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 24.12.1979 passed by the Court of Additional District Judge, Barnala, who dismissed the appeal by affirming the judgment and decree dated 29.8.1978 vide which the suit of the plaintiff- appellant was dismissed.

(2.) BEFORE I proceed further, I may also make a mention that when this appeal was pending before the Court of Additional District Judge, Barnala, the plaintiff filed an application under Order 6 Rule 17 C.P.C., for amending the pleadings by incorporating the name of Shri Tarsem Chand as co-plaintiff but that application was also declined vide separate order dated 24.12.1979 the day when the judgment in the main appeal was also pronounced.

(3.) NOTICE of the suit was given to the defendants who denied all the allegations by filing the written statement. Defendant No. 1 Shri Rikhi Ram took preliminary objections that the suit is not within limitation and that it is barred by the principles of res-judicata. The suit has not been properly stamped for the purpose of court-fee and jurisdiction and is bad for non- joinder of necessary parties. It was also pleaded that no sanction of the Advocate General has been obtained under Section 92 of the Civil Procedure Code before filing the suit. Tarsem Dass being in Government service and a married man cannot become Mohatmim of the Samadh. On merits the stand of the defendant No. 1 was that the property in question did not belong to Samadh Maharaja Sardul Singh. There was no Samadh at Barnala. Girdhari Lal was the owner of the property of the Samadh. He was not a spend-thirst and squanderer. The land was given on chakota to him by Girdhari Lal of his free will and the necessary mutations were got sanctioned in his name and the possession was also delivered to him on the basis of the chakota and he is in possession of the same.