HARJINDER SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) This appeal is directed against the order of Addl. District Judge, Sirsa, dated 18.8.2008 by which an application seeking leave of the Court to institute a suit under Section 92 of Code of Civil Procedure, 1908 (for short, CPC), has been dismissed.

(2.) Briefly, the case set up by the plaintiffs/appellants is that plaintiff No. 4 (Langar Gurudwara Shree Bhaini Sahab, Ludhiana) is a public charitable trust dedicated to general public including "Namdhari Sangat". Plaintiff No. 4 is stated to be a juristic person. The affairs of plaintiff No. 4 are managed by defendant No. 4 Satguru Shri Jagjit Singh. It wss alleged that Satguru Shri Ram Singh was the founder of 'Langar Gurdwara Shri Bhaini Sahab' which was set up in the year 1858. Thereafter, it is managed by Satguru Shri Hari Singh, brother of Satguru Shri Ram Singh. After the demise of Satguru Shri Hari Singh, his son Shri Ram Partap became the Manager of this trust and after his demise in the year 1959, this trust is being managed by Satguru Shri Jagjit Singh Ji (defendant No. 4). Plaintiff No. 4 owns and possess moveable and immoveable properties through out the country including the land measuring 974 kanals 13 marlas in village Sri Jiwan Nagar. Case set up by the plaintiffs is that defendant No. 4. executed a general power of attorney dated 23.7.2002 in favour of defendant No. 3. Harmeet Singh, who exchanged the land measuring 31 kanals 11 marlas with land measuring 39 kanal 12 marlas of defendant No. 1 Harbans Singh vide exchange deed dated 16.3.2005. Mutation No. 5208 of the exchange was entered on 23.5.2005 and was sanctioned on 31.5.2005. Land measuring 9 kanals 7 marlas comprised in Rect. No. 400 killa No. 4 was sold by defendant No. 1 in favour of defendant No. 5. through registered sale deed dated 07.6.2005. Mutation No. 5226 in respect of the said sale deed dated 7.6.2005 was entered on 16.6.2005 and was sanctioned on 22.6.2005. On the same day, land measuring 8 kanals comprised in Rect. No. 393 killa No. 5 was sold by defendant No. 1 in favour of defendant No. 6. Mutation No. 5224 was sanctioned on the basis of registered sale deed dated 22.6.2005.

(3.) The plaintiffs, who claim themselves to be followers of' 'Namdhari Panth' and also beneficiaries of the Langer alleged themselves to be interested in the proper management and safeguarding the properties of plaintiff No. 4. including the suit land. They have thus challenged the legality of registered exchange deed dated 16.3.2005 and also of sale deed dated 7.6.2005. They also sought issuance of permanent injunction to restrain the defendants from changing the nature of the total land in general and suit land in particular by raising any construction.