TEJINDER SINGH DHINDSA - (1.) A suit filed by Plaintiff ? Mohinder Masih seeking the relief of permanent injunction against the defendant from interfering in the suit property has been decreed by the trial Court vide judgment and decree dated 24.8.2009. A civil appeal preferred by the defendant-appellant has been dismissed by the Additional District Judge, Fast Track Court, Gurdaspur vide judgment dated 1.2.2011 thereby affirming the decision of the trial Court. Resultantly, the defendant-appellant is in second appeal before this Court.
(2.) I have heard Mr.Iqbal Singh Bajwa, Advocate appearing for the appellant. There would be no dispute as regards the fact that the suit property is, in fact, a Church property and such property is, admittedly, owned by Hossama Masih Kalisihya Fellowship of India (hereinafter to be referred as 'Mission'). The possession of the suit property i.e. Church property has been held by both the Courts below to be with the plaintiff- respondent. The defendant-appellant himself admitted the plaintiff- respondent to be working in the capacity of a caretaker of the Church property. Undoubtedly, the plaintiff-respondent claimed himself to be performing the duties of Pastor since the year 1991. The defendant i.e. the appellant herein took a stand that the plaintiff-respondent was only working in the capacity of a caretaker and was not a Pastor.
(3.) THE trial Court, while decreeing the suit and granting the relief of permanent injunction thereby restraining the present appellant from dispossessing the plaintiff-respondent as regards the suit property by force, has held that since the suit property is owned by the Mission, such Mission would have the right to pass lawful orders regarding the effective management and control of the Church. THE decision of the trial Court has been affirmed by the lower Appellate Court. I find no infirmity in the grant of relief of permanent injunction in favour of the plaintiff-respondent in the light of the finding that the suit property is under possession of the plaintiff- respondent in the capacity of a caretaker.;