SIKH GURDUWARA Vs. SURINDER SINGH

JUDGEMENT

(1.) The instant civil 2nd Appeal is directed against the judgement and decree dtd. 1/9/2018 passed in file No. 9/Civil 1stAppeal by the court of 1st Additional District Judge, Srinagar, in case titled as "Sikh Gurduwara Chatti Padshahi Vs. Surinder Singh and others" along with judgement and decree dtd. 29/4/2016 passed in file No. 73 in Suit titled as "Sikh Gurudwara Chatti Padshahi vs. Surinder Singh" by the court of Sub Judge/Chief Judicial Magistrate Srinagar.

(2.) It is being stated in the memo of appeal that a suit for declaration and prohibitory injunction came to be filed by the appellant herein before the trial court being a Gurudwara Committee constituted under Sec. 10 of J&K Sikh Gurudwara Religious Endowment Act 1973.

(3.) It is being stated that in the suit the plaintiff/appellant herein claimed to be the owner in possession of land measuring 5 kanals 14 marlas covered under khasra No. 1048 situated at Moza Nowhatta Srinagar, donated as SANKALP to the plaintiff/appellant herein by its original owners. The recognized Granthees are stated to have been recorded as occupants/tenants of the said land having been continuously used and possessed of by the plaintiff/appellant herein without any title of the respondent No. 1 herein thereof notwithstanding of a void, illegal and inoperative sale deed alleged to have been executed by one Dr. Makhan Singh without any title over the said land.