AB. RASHID Vs. STANZAN DORJAY MANAGER

JUDGEMENT

(1.) This civil first appeal is directed against exparte judgment and decree passed by learned District Jude Kargil on 29 November 1985 in civil suit titled Lama Konchok, manager Rangdum Gonpa and Anr. v. Abdul Rashid and Ors. whereby learned trial judge has granted a permanent injunction/decree restraining the Appellants and "other Bakarwals" from interfering with peaceful possession of the Plaintiffs-Respondents herein. However, neither the judgment nor the decree called in question} describe the immovable property in respect of which the judgment/decree is passed. The brief facts are as under:

(2.) The Respondents filed a suit for permanent injunction against the Appellants and "other Bakarwals" restraining the Appellants and "other Bakarwals" from wrongfully entering in the entire area of Rangdum from Spentsela Pass and Knjula Pass to the mountain of O-Sgam and all other big and small villages and gorges, from glaciers to the other side of the river and entire uninhabited area with its pastures, water and herb and wood and from disturbing the peaceful possession of the Respondents. The Respondents' case before the trial court was that Rangdum Gonpa, situated at village Rangdum tehsil and district Kargil, is the seat of his holiness Ngri Rinpocha, who is the supreme religious incarnate head and other Lamas are his monks and villagers are the attendants of Gonpa. The Respondent No. 1 claimed to be the manager of the Gonpa and the Respondent No. 2 a responsible functionary of Gonpa and both having the right to protect the properties of the Gonpa. It was averred that the ruler of Ladakh through a written edict/order transferred entire area of Rangdum from Spentsela Pass and Knjula Pass to the mountain of O-Sgam and all other big and small villages and gorges, from glaciers to the other side of the river and entire uninhabited area with its pastures, water and herb and wood to the Gonpa, and thus the entire area was under the ownership and possession of his holiness Ngri Ringpocha. It was insisted that the order of the ruler of Ladakh, king Tsewang Namgyal, came to be reaffirmed by the kings who succeeded him. The Respondents pleaded that the Defendants and "other bakerwals" from Anantnag and other areas without any right and justification had been attempting to interfere in the possession and ownership of the subject matter of suit and that the collector Kargil in exercise of his powers under Section 133 Land Revenue Act on 22nd. November 1979 directed the Appellants to vacate the suit property and that the Defendants despite this direction continued with their illegal designs; that on 7th July 1981 an agreement was executed between the parties and registered before the sub-registrar Kargil whereby the Appellants agreed not to directly or indirectly encroach upon or let loose their livestock on suit property. The Respondents complained that the Defendants notwithstanding their commitment continued to cause interference by entering the area of Rangdum with their livestock, thus leaving no option for the Respondents but to institute the suit. The Respondents in the factual background set out in the plaint asked for a permanent decree restraining the Defendants from causing interference in the area detailed in the plaint.

(3.) The suit was filed and registered on 25th August 1985 and the Appellants/Defendants directed to be summoned. The Appellants/Defendants were set exparte on 29th November 1985. The Plaintiffs/Respondents examined witnesses in exparte and the trial court on 29-11-1985 passed exparte judgment decree.