GHANSHYAM DASS Vs. KULWANT SINGH

JUDGEMENT

(1.) The plaintiff, instituted Civil Suit No. 216 of 1989, before the learned Senior Sub Judge, Lahaul and Spiti, who was then exercising the powers of Sub Judge 1st Class, Kullu, H.P., and, in the afore civil suit, the plaintiff had espoused for the grant, of the hereinafter extracted decree, against the contesting defendants:-

(2.) As aforestated, since the Will of Maghi became declared by the learned trial Judge, to be a validly executed testamentary disposition, and, also when defendant No.1 was construed to be a legatee or Kardar, of the suit property, hence the learned trial Judge concluded, that the contesting defendant No.1 alone, rather holds the right to ensure the protection of the property owned by Shri Guru Granth Sahib, and, also holds an exclusive right to perform personal worship, of, the "sacred book".

(3.) The aggrieved plaintiff instituted, against the afore verdict of dismissal, of, civil suit (supra), a Civil Appeal thereagainst before the learned Additional District Judge, Kullu, District Kullu, H.P., and, the learned first appellate Court, through its verdict, made on 6/6/1997,upon, Civil Appeal No. 43 of 1993, allowed the plaintiff's appeal, and, decreed the plaintiff's suit rather in the hereinafter extracted manner:-