MURTI THAKUR JI MANDIR THAKUR DWARA Vs. BHULLAN

JUDGEMENT

(1.) C.M.No.11636-C of 2009 The application is allowed as prayed for.

(2.) R.S.A.No.3802 of 2009& C.M.No.11637-C of 2009 This Regular Second Appeal is directed against judgments and decrees dated 13.8.2008 and 19.8.2009 passed respectively by the Additional Civil Judge (Senior Division), Panipat (hereinafter described as `the trial Court') and the Additional District Judge, Panipat (referred to hereinafter as `the first appellate Court') whereby the suit and the appeal of the plaintiffs-appellants have been dismissed.

(3.) The appellants had filed a suit for declaration pleading that Murti Thakur Ji, Mandir Thakur Dwara at village Barana is possessed of certain properties which were being managed by its Mahants. A dispute broke out earlier regarding the management of the properties by the said Mahants and the same was decided by the Collector, Karnal to the extent that the properties will vest in Murti Thakur Ji and their management will be done by the elected body of the village voters, i.e., Gram Panchayat and that all beneficiaries and worshippers were entitled to participate in the management and for betterment of the religious institution. Thereafter, there has been no dispute regarding the appointment of trustees. According to the appellants, the religious institution is owner and in possession of 647 kanals of agricultural land which has been mutated in the name of Mandir Thakurji vide mutation no.1508 by the Assistant Collector IInd Grade as per the orders of the Deputy Commissioner, Karnal in case No.93 of 1985-86 decided on 27.11.1986. The appellants had averred that earlier to that, a suit came to be filed by Chelas of Dharam Dass regarding some property (measuring 112 kanals 18 marlas of land ) belonging to Mandir Thakurji to whom the claim had been laid by them and that suit was dismissed on 24.10.1981, but in appeal, the matter was compromised and a decree was obtained by the said Chelas, namely, Ram Dass, Baru Dass and Ram Narain. The revenue entries were changed in their names on the basis of this compromise qua the said property to the extent of 1/3rd share each vide mutation no.1907. It was alleged that Ram Narain Dass sold 55 kanals and 12 marlas of land out of the land so mutated in his name vide sale deed dated 9.10.1998 in favour of defendant-respondent no.1, namely, Bhullan, for a consideration of Rs.4,70,000/-, whereas Ram Dass alienated 37 kanals 13 marlas of land vide sale deed dated 2.2.1999 in favour of defendant- respondent no.2, Ved Parkash, for a consideration of Rs.4,90,000/-. It was pleaded that these sale deeds as well as mutations sanctioned on their basis are null & void as Ram Narain Dass and Ram Dass had no right to sell the property of Mandir Thakurji. The mortgage created qua some of the land in dispute had also been challenged by the appellants. In addition, the appellants had also challenged mutation no.1340 sanctioned on 26.12.1972 on the basis of the registered will of Baba Dharam Dass being illegal, null & void. Gram Panchayat, Barana, who was impleaded as defendant no.1 in the suit, appeared and filed a separate written statement pleading that the land in dispute is not covered by mutation no.1508 and denied all other averments of the appellants.