KULDEEP SINGH @ KULDEEP DASS Vs. UTTAM DASS

JUDGEMENT

(1.) THIS judgment shall dispose of the above mentioned three Regular Second Appeals as they are governed by common set of facts.

(2.) BRIEFLY stated, the facts are that one Uttam Dass claiming himself to be Chela Sher Singh, Chela Kahan Singh filed civil suit No. 75 of 3.2.1986 seeking a declaration to the effect that he is the duly appointed Chela of Sher Singh. In the said proceedings, Sher Singh and one Kuldeep Singh were arrayed as defendants. It was, inter alia, pleaded by Uttam Dass that he was in possession of the land measuring 90 kanals and 5 marlas which is in the ownership of Dera Udasia Rajgarh and that decree dated 18.5.1985 passed in civil suit No. 258 of 2.5.1985 suffered by Sher Singh in favour of Kuldeep Singh is null and void. A prayer for grant of consequential relief of permanent injunction was also made seeking to restrain Kuldeep Singh from alienating the suit land. Uttam Dass further claimed that he was the duly appointed Chela of Sher Singh in the presence of the panchayat after following due procedure governing Udasia sect.

(3.) BOTH the above suits were consolidated by the trial Court vide its order dated 28.11.1986 and the proceedings were directed to be conducted in the suit filed by Uttam Dass in which the following issues were framed : -