RALLA Vs. MANAGING COMMITTEE GURDWARA

JUDGEMENT

(1.) THIS judgment will dispose of two second appeals, R.S.A. No. 2162 of 1946, Ralla v. The Managing Committee Gurdwara, Anandgarh and R.S.A. No. 190 of 1948. The Managing Committee Gurdwara, Anandgarh v. Ralla. In both the appeals the point in controversy is the same.

(2.) TWO suits were brought by the Plaintiff. The Managing Committee Gurdwara, Anandgarh against the Plaintiff, one for possession of land measuring 53 kanals 3 marlas, khewat No. 3, khatauni No. 348 and other for possession' of 41 kanals 10 marlas of land in the same, kheivat and the same khatauni, but bearing different khasra numbers.

(3.) THE first suit brought by the Managing Committee Gurdwara, Anandgarh, was for possession on the allegation that the Gurdwara had occupancy rights in the land and the Defendant had taken forcible possession six or seven years before the suit and he was, therefore,' merely a trespasser. The suit was resisted by the Defendant on the ground that he was a tenant under the proprietors of the land and that the Gurdwara had no right of occupancy. Plea of limitation was also raised. The only two issues framed in this case were: