SURJIT SINGH Vs. MANAGING COMMITTEE GURDWARA JATT SIKHAN

JUDGEMENT

(1.) The present revision petition is directed against the order dtd. 2/2/2026 (Annexure P-1) passed by the Court of learned Additional District Judge, Tarn Taran vide which the appeal preferred by the petitioners/defendants was dismissed for setting aside the order dtd. 23/10/2025 (Annexure P-5) passed by learned Civil Judge (Junior Division), Tarn Taran in civil suit No.86 of 2025 titled "Managing Committee Gurudwara Jatt Sikhan Vs. Surjit Singh and Others" vide which the application under Order 39 Rule 1 and 2 filed by the respondent/plaintiff was allowed.

(2.) Case of respondent/plaintiff is that plaintiff Gurdwara is registered with Additional Registrar of Societies, Amritsar and vide resolution dtd. 16/2/2025, Surjit Singh, President has been authorized to file the present suit. Previously, the suit property was situated in the abadi deh of Village Bala Chak under the ownership of one Ashar Singh and he gifted the suit property measuring 1 kanal 5 marlas, which is 112.6 feet in length and 50.3 inch in breadth in favour of Gurudwara Jatt Sikhan i.e. plaintiff vide registered gift deed dtd. 24/3/1973. Possession of suit property was also delivered to the plaintiff and the plaintiff Gurudwara is in possession over the same. Defendants are the members of Majhbi Sikh community and they are managing the affairs of Gurudwara Vadda Vehra, which is under the management and control of Majhbi Sikh community of the village. The Gurudwara of defendants is separate from the plaintiff Gurudwara but both the Gurudwaras are situated in the abadi deh of the village Bala Chak. Defendants have threatened the plaintiff and its management to forcibly dispossess them and they are not allowing them to raise construction without any right, title and interest. In case, defendants are not restrained from dispossessing them from the suit property, plaintiff shall suffer an irreparable loss and injury, which cannot be compensated in terms of money.

(3.) Defendants in their written statement have alleged that plaintiff is only a paper tiger, having no existence on the ground. It has been created by some interested persons just to grab the property of Gurudwara Vadda Vehra belonging to Majhbi Sikh community. Alleged plaintiff managing committee is not managing the affairs of Gurudwara Jatt Sikhan. Plaintiff is neither owner nor in possession of the suit property. There is ambiguity about the suit property as suit property is situated in the abadi deh of the village, whereas there are three khasra numbers of the abadi deh of the village. The abadi deh is situated in total land measuring 117 kanal 4 marlas bearing Khewat No.486/463, Khatoni No.938 comprised in khasra Nos.62(94-16), 63(8-10), 63/1(13-18) as mentioned in jamabandi 2018-19. The land claimed by the plaintiff is situated in the abadi deh of the village, which is owned and possessed by defendant No.4 and same is under the control of Majhbi Sikh community. Site plan relied upon by the plaintiff is not correct. The gift deed dtd. 24/3/1973 is a forged and fabricated document and no such gift deed was executed by Ashar Singh. Infact, Surjit Singh, who has filed the present suit has received Rs.46.00 lakh from one Avtar Singh, owner of Karan Autos and has promised to give the land to him. The present suit has been filed with malafide intention by pleading false facts. Dismissal of the application was sought.