Continuous use of property for religious purposes for over 80 years can establish its dedication for religious and charitable purposes, and no written dedication is necessary. Courts should not dismiss suits on technical grounds and should ensure that any technical requirements are fulfilled.

ANIL KSHETARPAL, J.

1. Plaintiff-appellant is in the regular second appeal against the concurrent findings of fact arrived at by the courts below.

2. In the considered opinion of this Court, following substantial questions of law arise for consideration of this Court:-

(i) Whether a written dedication of the immovable property by its owners is necessary before an immovable property being used for religious purpose for 80 years continuously, is declared to have vested in the deity resulting in divesting of ownership of private individuals?

(ii) Whether judgments passed by the courts below are result of non-reading and misreading of substantive evidence?

(iii) Whether in a suit filed in representative capacity for the benefit of religious institution, it is necessary that the deity in whom property is vested, is a party before the suit is held to be maintainable?

3. It will be significant to note that at the time of urgent-motion hearing, counsel for the plaintiff had given up his claim for relief of declaration and confined his prayer only for the passage. However, this Court, after examination of documents available on the file, considered it appropriate to re-examine the case in entirety.

4. The order passed on 1.12.2014 is extracted as under:-

“After arguing for sometime, counsel for the appellant submits that though the relief in the suit was with regard to the declaration challenging the sale deeds and as well as for mandatory injunction, however, during the course of arguments, he submitted that he does not press the relief for declaration. He submits that no approach/passage has been provided to any devotee to visit the Mandir. He confines his prayer for providing passage.

Notice of motion for 4.5.2015.”

5. The plaintiff claiming to be representative of 'Sati Mata' of Khatri Bhalla Community, had filed a suit for declaration and mandatory injunction and permanent injunction, claiming that the plaintiff has become owner in possession of land measuring 11 kanals and 10 marlas. A further declaration was sought that the sale-deeds dated 16.2.1910, 22.8.2003, 23.10.2003 and 6.5.2005 (subsequently added) would not affect his rights.

6. It is the case of the plaintiff that Khatri Bhalla community of Kaithal City and other places are worshippers of deity 'Sati Mata' situated in Patti Kaisth Seth Kaithal and property is being wrongly recorded to be owned by certain private individuals who have purchased the property illegally. The plaintiff also filed a separate application under Order 1 Rule 8 of the Code of Civil Procedure. It is further claimed that the plaintiff along with other worshippers go to the aforesaid temple on various festivals and Bhalla Community particularly have immense faith and perform their religious ceremonies at that place. It is further claimed that there was a pond attached to the temple, which has been filled up/covered and is, now being used for cultivation and the passage leading to the aforesaid temple has also been blocked.

7. Defendants No.1 to 4 contested the suit and pleaded that they are purchasers of the property vide registered sale-deeds dated 22.8.2003, 23.10.2003 and 6.5.2005 and the plaintiff is a habitual litigant and has filed a frivolous suit.

8. The plaintiff in order to prove his case has produced on file voluminous documentary evidence including revenue record to prove that in fact this property was being used for religious purpose. The plaintiff has produced revenue record i.e. jamabandi for the year 1908-09 (Ex. P30). In the ownership column, certain private individuals are recorded as owners, whereas in column no.8, property has been described as 'Gairmumkin Satti and Johar' (pond), meaning thereby that this land is not being used for agriculture purpose but there is place of deity 'Sati' and a pond (Satti Wala) is in existence. Entire Khasra Number 2236 measuring 7 Bighas has been described as 'Sattiwala' (It belongs to deity 'Sati'). In Column No.9, it is recorded that payment of la