PARBANDHAK COMMITTEE GURDWARA VILLAGE CHHAULA Vs. DARSHAN KAUR

JUDGEMENT

(1.) THE present Regular Second Appeal against judgment and decree dated 26.08.2013 passed by Additional Disitrict Judge, Jalandhar whereby appeal against judgment and decree dated 29.01.2011 passed by Additional Civil Judge, (Sr. Divn.), Phillaur was accepted. For convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiffs Darshan Kaur and Kashmir Kaur had filed suit for joint possession of land measuring 59 kanals 12 marlas. As per the plaintiffs, they are joint owners/co -sharers to the extent of 29 kanals 16 marlas being 1/2 share of the total land measuring 59 kanals 12 marlas as per jamabandi for the years 1998 -99 of Village Chhaula Tehsil Phillaur, District Jalandhar. The said land was left with defendants Nos.3 to 8 as care takers in their absence but they encroached upon the same and established two institutions i.e. Gurudwara and School and started misappropriating the proceedings of the remaining property. Defendants No.1 to 8 have no right to continue in possession of the same property and duty bound to restore the suit property to its original condition by way of removal of super structure. The request made to defendants were of no use and, as such, the suit before the trial Court.

(3.) DEFENDANTS No.1 to 5 and 8 contested the suit taking legal objection regarding maintainability of suit and locus standi of the plaintiffs. As per defendants, Sadhu Singh son of Thakur Singh never sold the suit property to the plaintiffs. Even defendants No.9 to 17 have no right or title in the suit property. The entries in the revenue record are wrong, illegal, null and void and does not confer any title upon Sadhu Singh and Gurbachan Singh. The sale deed allegedly executed by Sadhu Singh is false, forged and fabricated. In fact, the property was lying in the shape of 'Jungle' and residents of the village by spending huge amount collectively cleared the 'Jungle' and levelled the land. Prior to 1972 -73, the total suit land was affected by river Sutlej and after making some improvements, a Gurrudwara was constructed over a part of suit property by the people of the Village. In 1974, a school building was constructed with joint collection by the people of the Villages and after few years, the Government of Punjab took the School under their control and a Government Primary School was started in the building. Veterinary Hospital was constructed by the villagers in 1997 on part of the suit property and later on State of Punjab established its veterinarian Hospital. There is a 'Shamshan Ghat' in the part of the suit property. Defendant No.1 installed underground pipe -lines. The defendants took the plea that the plaintiffs and defendants No.9 to 17 are co -sharers in the suit property. The suit be dismissed.