PRESIDENT SHRI GURU RAVI DASS SEWAK SABHA MOHALLA RIKHIPUR MUKERIAN TEHSIL MUKERIAN DISTT HOSHIARPUR THROUGH ITS PRESIDENT SH BRIJ LAL Vs. SUKHDYAL

JUDGEMENT

(1.) THE defendants-appellants are in second appeal before this Court.

(2.) THE plaintiffs-respondents filed a suit for permanent injunction restraining the defendants from alienating or giving possession of the land belonging to Shri Guru Ravi Dass Sewak Sabha, Mohalla Rikhipur, Mukerian, Tehsil Mukerian, Distt. Hoshiarpur (for short the Sabha) measuring 2 kanals 11 marlas fully detailed and described in the head note of the plaint and further seeking mandatory injunction directing the defendants to remove the super structure/construction of cattle shed etc. and to restore the Gurudwara to its original position. It was averred in the plaint that the plaintiffs-respondents are the worshipers of the Sabha for the last many years. Defendant no.1 was the President of the Sabha and the remaining defendants were Members of the Sabha. THE Sabha is the owner in possession of the suit land and a Gurudwara was constructed thereupon. Defendant no.1 in connivance with the other defendants i.e. Members of the Sabha were threatening to alienate certain portion of the suit land.

(3.) ON merits it was pleaded that there was no Gurudwara existing on the site in dispute. The site in dispute is meant for Shri Guru Ravi Dass Mandir and the defendants never had any intention to alienate any portion of the suit land or to part with the possession of the property of the Sabha. ON the pleadings of the parties, issues were struck and the following two issues were relevant for the controversy:-