MAHANT SUHKDEV MUNI Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS is a contempt petition under Sections 10 and 12 of the Contempt of Courts Act (in short 'the Act') filed by Sukhdev Muni Chela Mahant/Swami Daya Nand Uddasi.

(2.) THE facts giving rise to the petition, briefly enumerated, are as under :- Shri Pritam Singh-respondent No. 1 claiming himself to be President of Sant Hira Dass Educational Society (Regd.), Kala Sanghian, Tehsil and District Kapurthala (hereinafter referred to as 'the society'), filed a suit for declaration that the society is owner in possession of the property measuring 42 Kanals 11 Marlas. The plaintiff is also running a College for women. There is also a playground besides certain buildings standing over the suit property. The ownership and possession has also been claimed on the basis of the will dated 31.12.1981.

(3.) AN application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff was disposed of by the learned Additional Civil Judge (Senior Division), on 24.5.1999. The petitioner aggrieved by the order had preferred an appeal before the learned District Judge, Kapurthala. During the pendency of the appeal, an order of permanent injunction was passed by the learned District Judge on 8.12.1999 directing the plaintiff society to raise construction over the land bearing Khasra No. 81//29(8-16), 23/2/1(1-6) and 23/1(2-16) total 12 Kanals 18 Marlas for the hostel building and Library etc. It was also ordered that in case the appellant succeeds in suit or in the counter claim, the society would leave the construction to the appellant as it is and it will not claim any damage or compensation etc.