RAM KUMAR Vs. DERA BASAU PURI

JUDGEMENT

(1.) VIDE this common order, I intend to dispose of three regular second appeals bearing RSA No. 2839 of 2014 tiled as, "Ram Kumar and others vs. Dera Basau Puri", RSA No. 2851 of 2014 titled as, "Udey Singh and others vs. Dera Basau Puri", and RSA No. 2914 of 2014 titled as, "Dharambir and others vs. Dera Basau Puri", as they have arisen out of the common judgment.

(2.) CHALLENGE in these appeals is to the judgment and decree dated 28.01.2014 passed by Shri Basruddin, Additional District Judge, Hisar, vide which the appeals preferred by the defendants/ appellants against the judgments and decrees dated 23.10.2010 passed by Shri Gagan Deep Mittal, Civil Judge (Junior Division), Hansi, were dismissed.

(3.) BRIEF facts of the case are that plaintiff -Dera was established by inhabitants of village Bhatla and the agriculture land mentioned in the head notes of the plaint, was given to its Mahant as rent free Dholi for religious and charitable purposes and the amount of subscription, donation and offerings etc. were being utilized for constructing building of the Dera, temple, Samadhi, for the purpose of holding Satsang, Kirtan, Hawan and various religious and spiritual performances. It was further alleged that after the death of Mahant Ravi Puri on 8.1.1995, Mahant Budh Puri succeeded him as Mahant and manager of the plaintiff -Dera. Theraafter, Mahant Chandan puri was appointed as Mahant and Manager of the plaintiff -Dera regarding which the Chaddar Rasam was held in the village Bhatla in the presence of Mahant Budh puri, inhabitants of village Bhatla and the Bhekh of the Puri Sadhus and Mahants. It was further alleged that after the appointment as Mahant and Manager of the Dera, Mahant Chandan Puri demanded the batai -tihai from the defendants of the land in dispute upon which the defendants refused to pay the batai -tihai of the land in dispute to the plaintiff -Dera by saying that they are not bound to pay the batai -tihai because they have got suffered various decrees in their favour by which they were declared to pay the lease money of the land in dispute @ Rs. 30/ - per acre annually. It was further averred that Mahant Chandan Puri inquired into the matter and came to know that defendants in collusion with Mahant Ravi Puri had obtained the decrees collusively, which are illegal. It was further averred that the mutations along with the revenue record sanctioned on the basis of these decrees, are also liable to be set aside on the ground that they were suffered without any right, fraudulently and against the interest of plaintiff -Dera and the impugned decrees have not been registered with the Sub -Registrar and no notice was ever issued or served upon the inhabitants of the village who dedicated the land in dispute to the plaintiff -Dera. It was further averred that a Panchayat was organized in which defendants were requested to pay 1/3rd batai of the land in dispute to the plaintiff -Dera and to get the impugned decrees set aside as well as to get corrected the revenue record which was based upon the above said illegal decrees, but the defendants paid no heed to the request of plaintiff -Dera and filed suit for injunction against the plaintiff Dera on false and frivolous grounds. It was further alleged that after obtaining the certified copies of the impugned decrees and revenue record, the plaintiff -Dera again requested the defendants to pay 1/3rd batai of the land in dispute and to get cancelled the impugned judgments and decrees and to get corrected the revenue record in favour of Dera, but defendants did not pay any heed.