AMRAO SINGH Vs. SANATAN DHARAM SABHA

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the first appellate Court dated March 31, 1976, by which the decision of the trial Court was affirmed and the appeal filed by the plaintiffs was dismissed.

(2.) The subject-matter of this litigation is a temple known as Durga Devi alias Basanti Devi Mandir and vacant land attached thereto which were earlier situated in village Kailar, Tehsil Kharar, District Ambala. The temple was built by the Rajputs and Brahmins residents of the village. The area of whole village including the temple was acquired for construction of Chandigarh. Compensation vis-a-vis the temple was also assessed. However, the owners refused to accept the same. The temple was preserved by the Authorities as a place of worship. Eventually the Government decided to transfer the proprietary rights regarding the temple to the owners in consideration of the amount of compensation already assessed at the time of acquisition which the owners had refused to accept. A conveyance deed (Exhibit P.2) was executed between the parties on December 17, 1956 which was not registered. The residents of erstwhile village Kailar brought the instant suit in representative capacity under Order 1 Rule 8 of the Code of Civil Procedure against the defendant Sanatan Dharam Sabha, Chandigarh, for permanent injunction restraining the latter from interfering with the plaintiffs' management, administration, control and possession of the temple on the allegation that the defendant Sabha had started threatening to take forcible possession of the temple.

(3.) The defendant-Sabha resisted the suit the ground that the Chandigarh Administration has allotted the temple in their favour vide order dated September 15, 1971 (Exhibit D.1) and possession has also been delivered to them in pursuance of this allotment. Ownership rights of the plaintiffs were denied.