HEMANT GUPTA, J. - (1.) THE plaintiffs are in the revision petition challenging the order passed by the Courts below on application under Order 39 Rules 1 and 2 of the Code of Civil Procedure wherein the defendants were restrained from illegally and forcibly interfering in the Mandir building measuring 69 sq. yards but injunction in respect of the remaining area was declined.
(2.) THE plaintiffs have filed a suit for permanent injunction along with an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure to the effect that plaintiff No. 1 is a registered Society under the Registration of Societies Act where plaintiff No. 3 are the devotees of the temple existing on the suit property since year 1922. The suit property measures 330 sq. yards and comprises of portions of land owned by the then residents of the Mohalla and was given to the plaintiff Society long ago. The devotees of the temple are having possession and ownership of the suit land since the year 1922. It is further pleaded that some influential persons in connivance with the Punjab Wakf Board and officials of the Municipal Corporation, Ludhiana, had attempted to grab the property in dispute and for this purpose got issued a receipt dated 2.6.1983 from the Punjab Wakf Board as well as receipt dated 11.7.1983 from the Municipal Corporation, Ludhiana. A plan for the house to be constructed in the name of Mrs. Raj Kumari w/o Hans Raj was also got sanctioned from the Municipal Corporation Ludhiana. It was, thus, alleged that the Municipal Corporation had no claim in respect of the suit property. The plaintiffs have further alleged that on the basis of fabricated documents Smt. Raj Kumari along with Smt. Janak Jain and Santosh Goel had instituted a civil suit No. 84 dated 26.3.1984 for permanent injunction to restrain the defendants of the said suit from interfering in the alleged possession of the suit property. The said suit was dismissed in default on 10.10.1991.
(3.) IT alleged that the plaintiffs are regularly attending the religious prayers, rituals and gatherings. Akhand Paths and Jagratas are frequently held there. Religious trees and plants are worshipped by the devotees, and, thus, a decree for permanent injunction on an area measuring 330 sq. yards of plot bearing No. B/IV 1744/1 was claimed.;