IDOLS OF LORD KRISHNA Vs. BAWA HARBHAJAN DASS

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned Additional District Judge, Sangrur, dismissing the appeal filed by the petitioner against the order passed by the learned Sub Judge, First Class, Malerkotla, as having been rendered infructuous.

(2.) THE petitioner moved an application under Section 92 of the Code of Civil Procedure to institute a suit against Harbhajan Dass Chela Bawa Rukmani Dass for his removal from the management and appointing any other suitable person as Manager and for delivery of possession of the property of the Dera to such person as the Court may deem fit.

(3.) IT was also claimed by the petitioners that respondent was appointed as Manager of the Dera by the learned District Judge, Barnala, on 5th November, 1957 and now he has become very old being more than 95 years of age. He is too weak to walk and to manage the office of the Dera and his brain is not in a fit state of condition and he usually keeps lying. It was also claimed that the respondent has thrown away in exchange most of the valuable lands of the Dera in lieu of the lands which are not only unproductive but of much inferior quality and are at far off place from the Dera. The challenge was also made to alienation by way of exchange of shops and houses for other properties of less value yielding low income as compared to the shops and houses given in exchange. It was claimed that the respondent was not authorized nor empowered to alienate the land, shops and houses and the alienations made are not act of good management on his part.