SHARDHALU BHAGAT RAM ASSRA Vs. RAM NATH

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit for declaration to the effect that the plaintiff is the sole Managing Committee of Bhagat Ram Assra Kutia, as shown red in the site plan attached with the plant, was dismissed.

(2.) In the plaint, it is stated that Ananta, owner of the property, gifted the land measuring 5 marla vide gift deed dated 25.8.1958, Exhibit P-2 to Ram Assra and another part of the land measuring 5 marlas vide gift deed dated 17.2.1961, Exhibit P-3. The plaintiff has set up a case that the said land was gifted to late Ram Assra and the possession was delivered on the same day to father in-law of Gian Chand, present President of the Society. The plaintiff has set up a case that said Ram Assra built a Mandir in the name of Baba Balak Nath and a Murti of Baba Balak Nath was installed in the said Mandir.

(3.) On the other hand, it is the case of the defendants that the land measuring 13 marlas was gifted to the defendants by the registered gift deed dated 12.12.1997 and the said gift was accepted by Shankar Dass who was follower of Sidh Baba Balak Nath and, thereafter, Mandir was constructed on the said land.