Jora Singh, J. - (1.) CM No. 12525-26-C of 2011 Applications are allowed as prayed for. Annexures A-1 to A-3 are taken on record. RSA No. 4040 of 2011 (O&M) Maghar Singh-appellant, preferred this Regular Second Appeal to challenge the concurrent findings of the Courts' below. Contesting respondents No. 1 and 2 filed main suit for permanent injunction on the allegation that previously respondent No. 1 was managed and looked after by Baba Ishar Dass. After the death of Baba Ishar Dass, Baba Ragho Ram, started maintaining the property in dispute and after the death of Baba Ragho Ram, Baba Brahu Muni started looking after the property in dispute but after the death of Baba Brahu Muni, Baba Swaran Dass, used to manage the property in dispute. Respondent No. 2 Baba Bhan Dass Cehla of Baba Swaran Dass, was appointed as pujari/administrator vide writing executed on 24.12.1993. Since then respondent No. 2 is managing the affairs of the dera but the appellants and proforma respondent No. 3-Major Singh, threatened to dispossess respondent No. 2 from the property in dispute.
(2.) Upon notice appellants filed joint written statement and contested the claim of the plaintiffs-respondents No. 1 and 2 on the allegation that Udasia Dera Ramsar was not in possession of respondent No. 2, in fact the property in dispute is within the revenue estate of village Dhamot Khurd. Dera actually is a Gurudwara Sahib and construction of the same was raised by Gram Panchayat. Kulwant Singh is the Granthi and Gurnam Singh is the Sewadar in the said Gurudwara. Remaining land measuring 19 bighas 9 biswas is agricultural land and was let out by the Gram Panchayat to Balbara Singh @ Rs. 15,000/- per annum.
(3.) From the pleadings of the parties following issues were framed: "1. Whether the plaintiff is entitled for permanent injunction as prayed for? OPP 2. Whether the suit of the plaintiff is not maintainable in the present form? OPD 3. Whether the plaintiff has concealed the material facts from the Court? OPD 4. Whether the plaintiff No. 2 has no cause of action to file the present suit? OPD 5. Relief.";