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1972 Supreme(HP) 56

D.B.LAL
Deity Mandir Nandi Keshwar Mahadev etc. – Appellant
Versus
Gram Sabha – Respondent


Advocates:
R.K. Gupta and Surjan Singh, for Plaintiffs; P.N. Nag, for Defendant.

Judgement

ORDER :- This is an application in revision by the plaintiffs the Deity Temple Nandi Keshwar Mahadev and others, and they have called in question the order passed by the Additional District Judge, Kangra, whereby the injunction prayed for by them has been refused and appeal preferred by the defendants against the order of the Senior Sub-Judge Kangra, granting such injunction has been allowed.

2. The facts of the case are, that the plaintiff Deity along with others filed the suit relating, inter alia, to Khasra No. 123 Min. and the allegations were that the defendants Gram Sabha as well as Deity Chamunda Devi and others, were interfering in the possession of the plaintiffs over the disputed land. The defendants have started digging up the land and are throwing mud while overturning "Samadhis" of Sadhu etc. who had died in plaintiffs' temple and have been buried therein. The plaintiffs claimed possession over the disputed land since times immemorial which, according to them, the land is the burial ground of Sadhus etc. who come, stay and die in the temple of the plaintiffs. According to them, the defendants were raising certain constructions and as such desecrating the sancti











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