GURDWARA SHAHID BABA SANGAT SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned Executing Court on 29.9.2001 whereby the objections filed by the petitioner were dismissed and the order dated 8.9.2004 whereby the order of the learned Executing Court was maintained in appeal.

(2.) RESPONDENT No. 1-decree holder filed a suit for permanent injunction on 3.1.1983 claiming that she is in peaceful possession of the land measuring 808 square yards and for mandatory injunction directing the defendants for demolishing and removing the wall described as AB built by the defendants in front of the said plot. It is alleged that the plaintiff had purchased the said land from one Mohan Singh vide registered sale deed dated 24.4.1974.

(3.) THE learned trial Court dismissed the suit vide judgment and decree dated 13.5.1988. The plaintiff has amended the appeal so as to claim a decree for mandatory injunction for directing the removal of the wall/Thara constructed on the property in dispute. The learned First Appellate Court on the basis of the report of the Local Commissioner, Exhibit P-2 and site plan Exhibit P-3, returned a finding that the only wall was constructed by the defendants after filing of the suit. The plea of the defendants that they have constructed a Gurdwara was found to be false. The appeal was, thus, allowed by the learned First Appellate Court vide judgment and decree dated 27.7.1993. Para No. 7 of the judgment passed by the learned First Appellate Court reads as under:-