(1.) THIS appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) is directed against the concurrent findings of facts recorded by both the Courts below holding that the property in dispute does not belong to Gram Panchayat or Gurdwara Sahib or Shri Guru Granth Sahib. It has further been held that the property belongs to the Dera of Nirmala Bheikh which is an independent sect of Sadhus recognised by the Supreme Court in the case of Mahant Harnam Singh v. Gurdial Singh and, others AIR 1967 SC 1415. The views of the learned appellate Court read as under:
(2.) I have heard Shri Harkesh Manuja, learned counsel for the plaintiff- appellant who has vehemently argued that the property belongs to Gram Panchayat and the document Ex.P.1 executed by Mahant Rajinder Singh would prove that fact. Learned counsel has made an attempt to persuade me to take a view different than the one taken by the Courts below and to hold that the findings recorded by both the Courts below suffer from legal infirmities warranting interference under Section 100 of the Code.