V.K.JHANJI
Sewa Singh Etc. – Appellant
Versus
Kirpal Singh – Respondent
V.K.Jhanji, J.
1. This is defendants second appeal directed against the judgment and decree of the Courts below whereby suit of the plaintiff for possession of the land in dispute has been decreed.
2. In brief, the facts are that Dharamshala Killawali (Gurudwara) is entered in the revenue record as owner of the property in dispute. Gurdial Singh, i.e. father of the plaintiff was the Manager (Mohtmim) of the Dharamshala. Gurdial Singh died on 8.10.1970. As per case set out by the plaintiff, Gurdial Singh during his life time appointed plaintiff as his Chela. Plaintiff averred that according to the custom of Udasi Faqirs, Chela is to succeed to the office of Mohtmim. Plaintiff averred that he being Chela and son of Gurdial Singh succeeded to the office as Manager in place of Gurdial Singh. Plaintiff further entered into possession of the land, but defendants interfered in his possession. Plaintiff- firstly filed suit for permanent injunction against defendants 1 to 4 which was partly decreed in respect of the portion found to be in possession of plaintiff, but was dismissed qua the property in dispute as it had been found that the plaintiff had been dispossessed from the said
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