GURBUX SINGH Vs. BISHAN DASS CHELA KAUL DASS

JUDGEMENT

(1.) BISHAN Dass Chela Haul Dass and Brahm Parkash Chela Tara Dass brought a suit under Section 92 of the Code of Civil Procedure against Mahant Tara Dass and others for declaration that the alienation made by Tara Dass, defendant No. 1, by way of gift in favour of Arjan Muni, defendant No. 2, of the whole land in village sibian through Mutation No. 3987 dated 22-5-1954 was illegal being beyond his powers and was against the purpose of the religious trust of which Tara Dass defendant was the trustee and was, therefore, void. The plaintiffs also prayed for declaration that the alienation of 96 bighas and 9 biswas of land described in the heading of the plaint made by defendant No. 2, Arjan Muni, in favour of Gurbux singh and others by a registered sale deed dated 22-5-1958 for Rs. 20,000/-was beyond the powers of defendant No. 2 and was without legal necessity and consideration and was, therefore, void. The plaintiffs also prayed for the removal of Shri Tara Dass, defendant No. 1, from the Mahantship of the Dera Udasian Sibian on the ground that the alienations in dispute were acts of mismanagement. The plaintiffs further prayed for possession of the property including the land sold to Gurbux Singh and others. This suit had been filed after obtaining the consent in writing of the Advocate General. On 7-81962, the suit was decreed by the trial Court in terms of the prayers made in the plaint except that the decree for possession was not granted. The defendants filed an appeal which was heard by Shri Surinder Singh, Additional District Judge, bhatinda and was dismissed by his order dated 25-10-1963. This regular second appeal is directed against the decree passed by the learned Additional District judge, Bhatinda.

(2.) THE facts are that there is a Dera of Udasi Sadhus in village Sibian which was founded by Bawa Amar Dass, grand Guru of Bawa Hira Dass for a religious public purpose. Initially only 12 Gham-aons of land belonged to the Dera but later on mahant Hira Dass acquired further land for the Dera and dedicated the entire property as a public trust property for religious purposes. There was also some land acquired in village Kotra and by his will dated Har 18, 1988 Bk. =ist July, 1931 A. D. registered on the next day, he demised the property of the Dera situate at village Kotra in favour of his first Chela Roop Ram giving him all the rights of a proprietor without any restriction as to alienation etc. There is no dispute about this land in this suit. The land situate in village Sibian was given to Mahant Tara dass who was the second Chela of Mahant Hira Dass for the purposes of management and carrying out the objects of the Dera. By this will, Mahant Tara dass was appointed Mahant of the Dera after the testator on the basis of his ability and learning and because he was fully conversant with the customs and rituals of the Bhek (sect); he was directed to manage all the property for the Gurbux Singh and Ors. vs. Bishan Dass 'chela' Kaul Dass and Ors. (09. 09. 1968 - PHHC) Page 3 of 13 gh and Ors. vs. Bishan Dass 'chela' Kaul Dass and Ors. (09. 09. 1968 - PHHC) Page 3 of 13 benefit and improvement of the Dera and he was not entitled to sell the Dera property for personal use. The property could be alienated only for the benefit of the Dera and any sale in contravention of this direction was to be void. In case Tara Dass became a person of bad character, the respectables of the Panchayat were given the right to remove him from Mahantship and to appoint Kaul Dass in his place. After the death of Hira Dass, Tara Dass came into possession of the property and through mutation No. 3987 dated 22-5-1964 he gifted the whole of the land of the Dera sibian measuring 244 bighas and 10 biswas to his Chela Arjan Muni, defendant No. 2, which was contrary to the directions given in the will of Hira Dass. Arjan Muni in turn sold 96 bighas and 6 biswas of land out of the above land to Gurbux Singh and Jang Singh, sons of Hardit Singh (one half) and Gurbachan Singh and Gurbux singh, sons of Bhag Singh (the other half) for Rs. 20,000/- by means of a registered sale deed dated 22-5-1958. This sale by Arjan Muni, according to the plaintiffs, was void and did not affect the rights of the Dera.

(3.) THE defendants resisted the suit and stated that no will had been executed by mahant Hira Dass nor did Bawa Amar Dass found any Dera for religious or other purposes nor did Hira Dass create any religious trust by virtue of his will; Tara dass had got the land from Hira Dass as a Chela and he had the right to make a gift thereof to Arjan Muni who in turn was within his rights to sell it to Gurbux singh and others and, as such, the sale in favour of Gurbux Singh and others was valid.