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2021 Supreme(HP) 908

SURESHWAR THAKUR
Ghanshyam Dass Deceased Through Lrs. – Appellant
Versus
Kulwant Singh, S/o Late Sh. Harbans Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R.L. Sood, Sr. Advocate With Mr. Arjun Lall, Advocate
For the Respondent:Sh. J.S. Bhogal, Sr. Advocate With Mr. T.S. Bhogal, Mr Bhupender Gupta, Sr. Advocate With Mr. Janesh Gupta, Advocate

JUDGMENT :

The plaintiff, instituted Civil Suit No. 216 of 1989, before the learned Senior Sub Judge, Lahaul & Spiti, who was then exercising the powers of Sub Judge 1st Class, Kullu, H.P., and, in the afore civil suit, the plaintiff had espoused for the grant, of the hereinafter extracted decree, against the contesting defendants :-

    “It is therefore prayed that a decree for declaration to the effect that defendant No.1 is not legally appointed Kardar or Bahtamam of Guru Granth Sahib Bhunter and the transfers of the property of Guru Granth Sahib by Shri Uttam Singh defendant No.1 in favour of defendants No. 2 and 3 and other if any is void, and inoperative and are also not legal and for the interest and legal necessity of Guru Granth Sahib and as a consequential relief the defendants be restrained from raising any sort of construction over the suit land i.e. khasra No. 511/920939 in any manner through a decree for permanent prohibitory injunction and in case the defendants succeed in raising construction during the pendency of the suit then a decree for possession after demolition of the structure raised thereon by the defendants with costs of the suit be passed in favour of the plai

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