KAMLA DEVI Vs. SURINDRA

JUDGEMENT

(1.) THIS judgment shall dispose of RFA No. 23 of 1999 and RFA No. 84 of 1999 arising out of common judgment, decree dated 29.12.1998 passed by learned District Judge, Una in Civil Suit No. 3 of 1990. RFA No. 23 of 1999 has been filed by plaintiffs and RFA No. 84 of 1999 has been filed by defendants. In this judgment, facts are given from RFA No. 23 of 1999.

(2.) THE brief facts of the case are that Kamla Devi etc, appellants in RFA No. 23 of 1999 on 8.1.1986 filed a suit under Section. 92 C.P.C. against Harbans Singh etc. for appointment of new trustees of public charitable trust of Sarai (Inn), a well and a Chhabil etc. situated on Khasra Nos. 1809 to 1811 and 1941 abutting the chowk of Una Talwara, Hoshiarpur Hamirpur road at Amb, District Una. Harbans Singh died during the pendency of suit, his legal representatives Smt. Surendra, Raman and Rajesh were brought on record, the Stale of H.F. Was impleaded defendant No. 7 and Gram Panchayat Amb defendant No. 8. It has been alleged in the plaint that Udbam Singh was resident of village Amb and defendants No. 1 to 6 are his successors. In fact, Kashmir Singh, one of the plaintiffs and Udham Singh predecessor in interest of defendants had common ancestor. The pedigree table relied in the plaint is as follows:

(3.) UDHAM Singh created public charitable trust by dedicating Sarai, Courtyard of the inn along with one shop, well and Chhabil to general public. After dedication he became a trustee and manager of the said trust. On his death his widows Smt. Barnial and Smt. Bijjarwal became the trustees and managers of the trust. The Shamlat land was partitioned amongst co sharers vide mutation No. 462. The land under the Sami got separated from other agricultural land. The land comprised in Khasra Nos. 1641, 1642 (Sarai), 3920/1722 Abadi were shown as 'Rafai Am' in the revenue record as per Jamabandi for the year 1927 28 and continued as such till 1952 53.