LAWS(HPH)-1990-3-7

THAKUR DASS Vs. HAZARI LAL

Decided On March 16, 1990
THAKUR DASS Appellant
V/S
HAZARI LAL Respondents

JUDGEMENT

(1.) In Tehsil and District Una, there is a religious institution known as Thakurdwara Khera Bag. The Thakurdwara is stated to have a large following of Hindu Sanatanists. One Ram Dass was the Mahant (Manager) of this Thakurdwara.

(2.) Two sale -deeds were executed by the Mahant on July 23, 1955. One of these was Exhibit D -I by which some property belonging to the Thakurdwara was sold in favour of Hem Raj and Arjan Dass. The property consisted of 1/2 share of 124 Kanals 8 Marlas land forming part of Khewat No. 209. The sale was made for a sum of Rs. 5,000. The other sale -deed Exhibit D -2 was executed by the Mahant in favour of Thakur Dass and Amar Nath in respect of 62 Kanals 6 Marlas land forming part of the same Khewat number 209 This sale -deed was also for a consideration of Rs. 5,000. The alienation made through these sale -deeds was assailed by Hazari Lai, claiming to be a worshipper, by instituting suit No. 191 of 1964 at Hoshiarpur. In it, Mahant Ram Dass was impleaded as the first defendant. Thakur Dass and Amar Nath, in whose favour sale -deed Ex. D -2 had been executed, were impleaded as defendants No 2 and 3, while Hem Raj and Arjan Dass vendees in the sale -deed Ex. D -t were impleaded as defendants No. 4 and 5. The suit later came to be transferred to the court of Sub -Judge, Una, and was given a new number as Suit No. 611 of 1969. The suit was dismissed by the trial court. The plaintiff assailed the decree in an appeal. The appeal (Civil Appeal No. 69 of 1973) was heard and disposed of by the District Judge, Una, on April 27, 1976. The appeal was allowed and the suit was decreed holding that the suit land belonging to the Thakurdwara had been alienated illegally, without any legal necessity, by the Mahant to defendants -respondents No. 2 to 5. In other words, the alienations were held to be not binding upon the Thakurdwara and the property was directed to be restored to it The vendees, namely, Sarvshri Thakur Dass, Amar Nath, Hem Raj and Arjan Dass have filed this appeal assailing the decree passed by the learned District Judge.

(3.) The plaintiff came to the court with an allegation that the alienations made through the two sale -deeds Exs. D -l and D -2 were illegal and not binding on the Thakurdwara, inasmuch as the property had not been sold for any legal necessity. The Mahant, though impleaded as first defendant, did not file any written statement nor contested the suit. He did not appear as a witness either.