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2023:PHHC:106412

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA-292 of 2019 (O&M)

Date of decision: 17.08.2023

Avtar Singh

......Appellant

vs.

Sant Sohan Singh Chela Sant Ram Singh (since deceased) through LRs

and another

......Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Rahul Sharma-I, Advocate,

for the appellant.

NAMIT KUMAR, J. (ORAL)

CM-625-C of 2019

1.

This application has been filed by the applicant-appellant under

Section 5 of the Limitation Act for condonation of delay of 138 in filing

the appeal.

2.

In view of the averments made in the application, which is duly

supported by an affidavit, same is allowed. Delay of 138 days in filing the

appeal is condoned.

RSA-292 of 2019

1.

Through this Regular Second Appeal defendant No.2/appellant

has challenged the finding recorded by the Court of learned Civil Judge

(Senior Division), Anandpur Sahib, on issue No.4-A vide judgment and

decree dated 03.08.2015 while dismissing the suit filed by

plaintiff/deceased-respondent No.1 for declaration with consequential

relief of permanent injunction as well as the judgment and decree dated

26.02.2018 passed by the Court of learned District Judge, Rupnagar,

RAVINDER SINGH

2023.08.31 17:31

I attest to the accuracy and

integrity of this order/judgment

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whereby appeal filed by defendant No.2/appellant has been dismissed.

2.

For convenience sake, reference to parties is being made as per

their status in the civil suit.The plaintiff filed a suit against the defendants

for declaration alongwith consequential relief of permanent injunction

pleading that the plaintiff is the Chela of Sant Ram Singh of Dera

Bishanpuri and he was appointed Chela by Sant Ram Singh during his life

time due to his old age. It is further stated that as per rules of Nirmal

Bheikh, Doaba Mandal, Panchayat Akhara and Kankhal, they considered

the request of Mahant Ram Singh and on 30.06.2000, a meeting was held

and the plaintiff was appointed as Mahant of the Dera and his Dastarbandi

was conducted by Mahant Ram Singh Ji and resolution to this effect was

duly passed by Doaba Nirmal Mandal and from the same day, the plaintiff

started working as Mahant and Sant Ram Singh was left with no interest or

control in the management of the Dera. It is further stated that as per the

rules, the Mahant is the only Manager or Mohtmim of the Dera and the

properties attached to it and that the Dera Bishanpuri, Nangal Khurd is the

owner of the property in dispute and earlier to that, the property belonged

to Baba Bishan Singh Ji, who was the Manager/Mahant of said Dera and

after the death of Baba Bishan Singh, the defendant No.1 in connivance

with other persons tried to grab the property of the Dera and took Sant

Ram Singh to Tehsil complex, Mahilpur and got registered a forged and

fabricated Trust, which was dissolved lateron just to grab the property of

Dera and that Satinder Kaur, Gurdass Singh and Harbhajan Kaur in

connivance with each other procured a forged and fabricated Will in their

favour alleged to be executed at Delhi and when the plaintiff came to

know of this illegal act, the plaintiff moved an application to the police

RAVINDER SINGH

2023.08.31 17:31

I attest to the accuracy and

integrity of this order/judgment

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and ultimately, a case has been registered against abovesaid persons. It is

further stated that not only this, one Avtar Singh of District Amritsar

procured unregistered Will of Sant Ram Singh pertaining to the property in

dispute and moved an application for sanctioning the mutation and matter

was referred to SDM, Anandpur Sahib, who cancelled the Will and the

defendant No.1 in the fag end of the case moved an application for

impleading him as a party, which was allowed and mutation No.634 has

been sanctioned in the name of defendant No.1 illegally and wrongfully. It

is further stated that the defendant No.1 is claiming the Chela of Sant Ram

Singh being his gra