HARIA ALIAS HARI CHAND Vs. RADHASOAMI SATSANG BEAS

JUDGEMENT

(1.) CHALLENGE herein is to the order dated 4.2.2014, passed by learned District Judge, Hamirpur, in Civil Miscellaneous Appeal No. 14 of 2013, whereby while maintaining the order dated 31.7.2013, passed by learned Civil Judge (Junior Division), Hamirpur in an application under Order 39 Rules 1 and 2 CPC, registered as CMA (Civil Suit No. 94 of 2013) No. 183 of 2013, the appeal has been dismissed.

(2.) BONE of contention in the present lis is a piece of land measuring 2 Kanals 6 Marlas, bearing Khasra No. 1294/547/2, situated in Tika Chabutra Khas, Mouza Chabutra, Tehsil Sujanpur, District Hamirpur. The land in dispute previously was in the ownership and possession of the petitioner -plaintiff. He, however, gifted away the same to the 1st respondent -defendant Radha Soami Satsang Beas vide gift deed dated 22.6.2007. The gift deed though is not on record, however, a perusal of the copy thereof produced by learned counsel for the respondents -defendants reveals that the land was gifted away in favour of respondent -defendant No. 1 for Satsang purposes with all rights to utilize the same in any manner whatsoever and even to dispose it of. The possession thereof was also handed over to respondent -defendant No. 1. It seems that the said piece of land being not sufficient for construction of Satsang Bhawan and carrying out other Satsang activities, on providing of bigger chunk of land by one Lal Singh subsequently in March, 2011 nearby the suit land, the 1st respondent -defendant decided to dispose of the suit land and sold the same to respondent -defendant No. 5 in April, 2013 by a registered sale deed for consideration. The said respondent -defendant is now in possession thereof.

(3.) I have gone through the record available at this stage and taken into consideration the submissions made on both sides.