HAZARA SINGH Vs. GURDWARA LANGAR JIWAN NAGAR

JUDGEMENT

(1.) This revision petition has been directed against the orders of the-Courts below refusing to grant ad-interim injunction in favour of the petitioner.

(2.) The dispute relates to the estate of one Teja Singh who died on 31.12.1974. During his life-time, Teja Singh suffered a decree for the land measuring 35 Kanals 19 Marlas in favour of one Hazara Singh son of Bishan Singh on 1.7.1972. On the same very day, he also suffered another decree for the land measuring 29 Kanals 12 Marlas in favour of his daughter Jeeto. Teja Singh also executed a Will dated 3.12.1973 bequeathing all his property in favour of Gurdwara Langar, Sri Jiwan Nagar. A dispute arose with regard to the validity of the Will between Gurdwara Langar Sri Jiwan Nagar and Jeto daughter of Teja Singh. In this litigation, the entire property including the one for which Teja Singh suffered a decree in favour of Hazara Singh son of Bishan Singh, and Jeet Kaur, was the subject matter of the suit. This litigation was decided right upto this court in R.S.A. No. 1542 of 1979 in favour of Gurdwara Langar Sahib, and it was held that the Will was validly executed in favour of Gurdwara Langar Sri Jiwan Nagar. When the decree was passed in this litigation, it was not brought to the notice of the Court that Teja Singh had already suffered decrees in favour of Hazara Singh son of Bishan Singh, and Jeeto. Jeeto therefore, filed a misc. review application in R.S.A. No. 1542 of 1979 for excluding out the land for which Teja Singh had suffered a decree in her favour. This application was allowed and land measuring 29 kanals 12 marlas was excluded.

(3.) The petitioner who claimed himself to be Hazara Singh son of Bishan Singh, filed a suit for declaration claiming himself to be the owner in possession of land measuring 35 Kanals 19 marlas on the basis of decree passed in his favour in suit filed by him against Teja Singh. He also stated that as a matter of fact, his name is Hazara Singh alias Balbir Singh son of Dalip Singh and be wrongly described himself as Hazara Singh son of Bishan Singh in the suit filed by him against Teja Singh. He further stated that he got it corrected in the suit filed by him against Jeeto, which was decreed on 31.12.1979. Along with the suit, he also filed an application for the grant of ad-interim injunction restraining Gurdwara Langar Sri Jiwan Nagar from interfering in his possession.