DHOONA BABA BANKHANDI GIRJI MAHARAJ Vs. SHIV MANDI SUDHAR SABHA SHIMLA
LAWS(HPH)-1997-1-12
HIGH COURT OF HIMACHAL PRADESH
Decided on January 08,1997

DHOONA BABA BANKHANDI GIRJI MAHARAJ Appellant
VERSUS
SHIV MANDI SUDHAR SABHA SHIMLA Respondents

JUDGEMENT

P.K.PALLI,J. - (1.)The plaintiffs/appellants, having lost in both the Courts below, are in second appeal before this Court. The parties in the judgment, hereinafter, would be referred to as plaintiffs and defendants,
(2.)The dispute pertains to a MATH which is said to be a Dhoona of Sadhus where exists a temple and a Dharamshala. The plaintiffs chimed a decree of permanent prohibitory injunction restraining the defendant from interfering in their possession over the temple, Dhoona and Dharamshala In the alternative, adverse possession was also claimed. Mutation in the same of defendant No.4, i.e., Municipal Corporation, was also challenged as net binding on the plaintiffs. Defendant No.2 was earlier serving in the Indian Institute of Advance Study, Shimla, from where he was dismissed and severe cases were pending against him. Defendant No.2 is said to have illegally formed a society for the management of the temple and defendant No.4 has executed lease deed in favour of defendant No.2 without any right or authority and the said lease is said to be not binding on the plaintiffs.
(3.)Dhoona Baba Bankhandi Girji Maharaj is plaintiff No. 1 and the suit is filed through Baba Nihal Gir, who has also been impleaded as plaintiff No.2.


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