MAHANT LACHHMAN DASS Vs. PURAN SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the first appellate court whereby his suit for declaration to the effect that the agricultural land measuring 139 Kanals 10 mar-las is owned and possessed by the plaintiff and that the defendant has no right or interest in the suit land was dismissed in appeal. The learned trial court has decreed the suit but the learned first appellate court has reversed the judgment and decree in appeal and the suit was dismissed,

(2.) Mahant Lachhman Dass plaintiff alleged that the suit land measuring 139 kanals 10 marlas situated in village Phaloke is owned and possessed by the plaintiff. It is alleged that the said land was earlier owned and possessed by Mahant Kishan Dass Chela Mahant Attar Dass resident of Phaloke. Mahant Kishan Dass during his life time has appointed him as his Chela. After his death Bekh (congregation) has appointed plaintiff as his Chela of Mahant Kishan Dass. Thus, the plaintiff is owner in possession of the suit land. The defendant has taken a preliminary objection that the suit is bad on account of non-joinder of Puro, sister of the plaintiff and the defendant and heirs of Banto, deceased, sister of the plaintiff and defendant. On merits, the defendant admitted that the Mahant Kishan Dass has appointed plaintiff as Chela but the allegations regarding the possession of the plaintiff of the property as owner was denied. It was alleged that the land in dispute is self-acquired property of Mahant and the land in dispute was not the property of the Math.

(3.) Initially, the learned trial court framed the following 5 issues: