HARBANS SINGH Vs. SANT HARI

JUDGEMENT

(1.) Sant Hari Singh, respondent No.1 in the present appeal filed a suit for permanent injunction. Another suit was filed by the Managing Committee, Gurudwara Sant Bala Sahib alongwith others against Hari Singh. The aforesaid suit was filed for a declaration. The declaration sought was that the aforesaid Managing Committee was in the management and control of Gurudwara and, therefore, Hari Singh had no connection with the same and could not interfere in the management of Gurudwara. Similarly, in the suit for permanent injunction filed by Sant Hari Singh, he claimed that he was in possession of the suit property and that Harbans Singh etc. who were claiming to be the management body of the Gurudwara had no concern. Both the suit were clubbed together by the learned trial Court.

(2.) After appreciation of the entire evidence on record, the learned trial Court decreed the suit filed by Sant Hari Singh and consequently, Harbans Singh and others, defendants were restrained from interfering in the peaceful possession, management and control of the plaintiff over the suit land and Gurudwara Sahib. The other suit filed by the Managing Committee, Gurudwara was dismissed.

(3.) Two appeals being Civil Appeal No.59 of July 24, 2000 and Civil Appeal No.62 of July 24, 2000 were filed. One appeal was filed by Harbans Singh and others claiming that they duly constituted a managing committee and were in control and management of Gurudwara and its property. The other appeal was filed by the managing committee. This appeal was also filed by the managing committee comprising of the aforesaid persons.