SURJIT KAUR Vs. GURDWARA PARBANDHAK COMMITTEE AND ORS.

JUDGEMENT

(1.) BY this judgment the above mentioned three cases are being disposed of. Facts are being taken from RSA No. 1579 of 2011.

(2.) PLAINTIFF Surjit Kaur is in appeal against judgment and decree dated 16.03.2011 passed by Additional District Judge, Hoshiarpur, whereby judgment and decree dated 17.11.2005 passed by Additional Civil Judge Senior Division, Dasuya has been reversed. Plaintiff filed suit for possession of land measuring 1 kanal 17 marlas comprised in Khewat No. 109, Khatauni No. 136, Khasra No. 339 (1 -17) situated in village Gambowal Tehsil Dasuya, District Hoshiarpur. Further the plaintiff has prayed for permanent injunction restraining the defendant from changing the nature of the suit property.

(3.) THE defendant -respondent contested the suit pleading that suit itself is not maintainable against Gurdwara Parbandhak Committee. Besides, taking other pleas, it has been urged that the suit is not maintainable in the present form. On merits the defendant denied the allegations of the plaintiff and stated that Smt. Piar Kaur was the original owner of the suit land. She donated the suit land for religious purposes in the year 1960. The plaintiff has no right in the suit land as vendor of the appellant was not the owner of the suit land at the time of alienation made on behalf of Smt. Piar Kaur. Smt. Piar Kaur ceased to be owner of the land when she donated the same in favour of respondent. The sale in favour of plaintiff/appellant is claimed to be bogus, null and void and without consideration. Smt. Piar Kaur donated the land along with land in Khasra No. 308 to Gurdwara Sahib in the year 1960 as 'Dharam Arth' and during the consolidation in the village the suit land was allotted in the name of Gurdwara Sahib. Khatauni Pamaish was prepared according to which Khasra No. 308 along with land in question have been shown as 'Bila Lagan Bawja' 'Dharam Arth'. Suit land is being used for Langar Sahib and other religious functions of Gurdwara Sahib since the year 1961. Sri Guru Granth Sahib of Gurdwara Sahib is recorded to be in possession of the suit land adversely to the vendor of the plaintiff since the year 1960 -61. Defendant further alleged that keeping in view the possession of the defendant, defendant has perfected its title by way of adverse possession also. After filing of replication, following issues were framed: - -