SOHAN SINGH Vs. ACHHAR SINGH

JUDGEMENT

(1.) IN village Cheema Khurd, Tehsil Patti, District Amritsar, there is a Dharamsala by the name of Baby Nanga. Sohan Singh appellant was its manager Achhar Singh and four others respondents before us, claiming to be worshippers of the said shrine, filed a suit in May, 1954, under Section 92 of the Code of Civil Procedure (after having obtained the requisite sanction of the Advocate-General, Pun-jab) for the removal of the appellant, for his eviction from the shrine and the property attach-ed thereto, as well as for rendition of accounts The grounds on which the said relief was claim ed were enumerated in paragraph 3 of the plaint, which would, on being translated into English, read as follows:--

(2.) THE suit was resisted by Sohan Singh, who denied the allegations of the plaintiffs. From the pleadings of the parties the trial Court framed the following issues: 1. Whether the plaintiffs have a locus standi to sue? 2. Whether the grounds alleged in paragraph 3 of the plaint exist and the plaintiffs are entitled to the relief asked for?

(3.) BY his judgment, dated January 21, 1956, Shri Des Raj Dhameja. Subordinate judge 1st Class, Amritsar, decreed the suit for the removal of Sohan Singh from the management of the shrine and for his dispossession therefrom as well as from the properties attached to the shrine with costs, but declined to grant a decree for rendition of accounts. On appeal issue No 1 was not seriously contested before the lower appellate Court at the time of arguments. On issue No. 2 the learned additional District Judge found that there was preponderance of evidence on the side of the plaintiffs from which it stood sufficiently proved -