- (1.) VIDE this common order, I shall dispose of all the three regular second appeals which arise from a suit for permanent injunction filed by plaintiff -Bhagwan Dass Devki Nandan Dharamshala Trust (hereinafter referred as Dharamshala ) against defendants -Union of India through General Manager, Northern Railways Baroda House, New Delhi and others and counter -claim filed by Union of India, Northern Railway, Ferozepur Division.
(2.) THE Court of first instance has partly decreed the suit restraining defendants from raising any type of construction over the property of plaintiff -Dharamshala and causing any interference in the shops run by the shop -keepers and dismissed the counter -claim vide judgment and decree dated 05.02.2011. Against that, plaintiff preferred an appeal and defendants preferred two appeals which have been decided by lower Appellate Court vide judgment and decree dated 30.09.2013 whereby appeals filed by defendants have been allowed, appeal filed by plaintiff has been dismissed, judgment and decree dated 05.02.2011 of the Court of first instance have been set aside, suit filed by plaintiff has been dismissed, counter -claim filed by defendants has been decreed with costs and plaintiff has been directed to pull down the illegal constructions i.e. three shops as shown with red line in the site plan attached with the plaint; further plaintiff has been restrained from raising any construction in violation of terms and conditions of agreements dated 15.11.1936 and 28.11.1940 and causing any damage to the bains fencing erected except the passage left according to the terms and conditions of both the above noted agreements.
(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. Succinctly, the facts, as pleaded by plaintiff, are to the effect that plaintiff -Dharamshala is a registered body and Lalit Mohan son of Gauri Shankar is its Managing Trustee. The plaintiff owns a building, situated opposite Northern Railway Station, Ferozepur Cantt, known as the building of Bhagwan Dass Devki Nandan Dharamshala Trust. Earlier, the plaintiff filed a Civil Writ Petition No.17020 of 2001, titled 'Dharamshala Bhagwan Dass Devki Nandan and others vs. Union of India and others' challenging the communication dated 13.05.2001 and the same was dismissed as withdrawn with liberty to approach the civil court. It was further pleaded that the Dharamshala was constructed opposite to Northern Railway Station, Ferozepur Cantt. in the year 1910 by Lala Bhagwan Dass Bania of Ferozepur Cantt. for the benefit of public at the costs of Rs.40,000/ - and a 'Sanad' in appreciation of construction of Dharamshala/Sarai was granted by Lieutenant Governor of Punjab. The said 'Sanad' was issued on 01.09.1911. The plaintiff -Dharamshala was constructed on the land comprised in khasra no.837/1/2/3 of Ferozepur Cantt. It was further pleaded that originally, the said Dharamshala was managed by Shri Bhagwan Dass Aggarwal and others and subsequently the same was converted into a Trust and was got registered as such, in the year 1975. The building of Dharamshala is facing towards the Railway Station of Northern Railway, Ferozepur Cantt. and has access only from this side. It was further pleaded that towards the eastern side of the building, there is a Fire Brigade of Northern Railways on its western side there is the building of Railway Hospital and towards southern side, there is Railway Officers Mess. There are two main gates for entrance to the building of Dharamshala and there also exist shops in the portion of the building and all are facing towards Northern Railway Station, Ferozepur Cantt. On one side of the metalled road, there is the Railway Station and on the other side, there is the building of plaintiff Dharamshala, fully depicted in the site plan. It was further pleaded that on 15.06.1936, an agreement was entered between the Railway Administration and the then Management of Dharamshala in respect of the use of land measuring 15' x 210 owned by the plaintiff in its front portion towards the northern side. At that time, six shops existed in the portion of the building of plaintiff. The relevant clauses of the said agreement regarding use of land are 3(i), (a), (d), 3(ii) (b).;