AKHARA BRAHAM BUTA Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) Both these appeals are interconnected. Contesting parties and properties in dispute are common and issues involved in both the appeals are identical, hence, with the consent of the parties both the appeals are being taken up together and being decided by this one and common judgment.

(2.) RSA No. 2734 of 1987 is filed by the plaintiff/appellant challenging the judgment and decree dated 1.9.1978 passed by the learned trial Court in Case No. 23 of 1978 as well as judgment and decree dated 6.3.1987 passed by the learned first Appellate Court/Addl. District Judge, Amritsar in Civil Appeal No. 207 of 1978. Both the Courts below have dismissed the suit of the plaintiffs (herein appellant) for mandatory injunction directing the defendants to close the gate and to refrain from trespassing on the vacant site belonging to the plaintiff bearing No. 339 as shown in the map attached with the plaint.

(3.) RSA No. 2833 of 1987 is filed by the plaintiff/appellant challenging the judgment and decree dated 4.10.1983 passed by the learned trial Court in Case No. 43 of 1983 and against the judgment and decree dated 6.3.1987 passed by the first Appellate Court/Addl. District Judge, Amritsar in Civil Appeal No. 187 of 1983/1986 dismissing the suit of the plaintiff seeking permanent perpetual injunction restraining the defendants from opening any window or door facing the land belonging to the plaintiff bearing khasra No. 339.