SHRIMATI LAKHWINDER KAUR Vs. SADAR ANJUMAN

JUDGEMENT

(1.) This is defendants' appeal against the judgment and decree dated 28.9.1984, passed by the learned lower appellate Court, decreeing the suit for possession of land measuring 33 kanals 1 marla situated in Qadian, Tehsil Batala, District Gurdaspur.

(2.) The plaintiff/respondents filed a suit for possession of land measuring 33 kanals 1 marla comprised in khasra Nos. 92 (12 kanals) and 94 (21 kanals 1 marla) situated in Qadian, Tehsil Batala, District Gurdaspur. The suit was filed against S/Sh. Balbir Singh and Amarjit Singh, and on death of Sh. Balbir Singh, Smt. Lakhwinder Kaur, Rammi and Bablu were brought on record as the legal representatives.

(3.) The pleaded case of the plaintiff/respondents was, that the suit land belonged to Sadar Anjuman Ahmediyya Qadian. The land was being used as gair mumkin kabristan and as gair mumkin idgah by the Ahmediyya community for last over a century. Plaintiff No. 1 i.e. Sadar Anjuman Ahmediyya Qadian, is a registered society, duly registerred under the Registration of Societies Act, 1860, whereas plaintiff No. 2 Mirza Wazim Ahmad was its Nazir-ala, i.e. the Principal Secretary, Trustee and President and he had the right to file the suit. Sh. Sayeed Ahmad was general attorney of Sadar Anjuman Ahmediyya Qadian, having been appointed vide resolution No. 344 dated 11.9.1961. It was the case of the plaintiffs, that the governing body of Sadar Anjuman Ahmediyya Qadian vide its resolution No. 306 dated 2.12.1979 had authorised said Sh. Sayeed Ahmad to file the present suit.