- (1.) ON or about Dec. 10, 1946, Nanak Chand and four others filed a suit against amrita Nand Gir Petitioner and one Somwar Gir alias Jiwan, for a declaration to the effect that the gift made by Somwar Gir (defendant No. 2 in that suit) in favour of the petitioner (defendant No. 1 in that suit) regarding Dharamshala Chainpuri together with shops and temples attached thereto situate in bazar Nauhrian and the shops and houses situate in bazar Bhairon within the abadi of Jullundur City, was unlawful and null and void, and based on wrong facts and that Amrita Nand gir defendant (petitioner before me) could have no right in the aforesaid property mentioned in the deed of gift. Annexure 'a' to the writ petition is a copy of the plaint of that suit. The suit was dismissed by Shri Tek Chand, Senior Subordinate judge, Jullundur, on December 7, 1948. without framing issues on merits as it was held that the plaintiffs should have brought a suit for possession as the property was not proved to be wakf property and the plaintiffs were out of possession. That judgment was later set aside by the High Court on October 12, 1955, on the finding that the case had not been properly tried and that comprehensive issues covering all the points in dispute between the parties should have been framed and decision given upon them. The suit was remanded to the trial Court for decision accordingly.
(2.) IN the post-remand proceedings, the suit was disposed of by Shri Chetan Dass jain, Senior Subordinate Judge. Jullundur, on January 16, 1956. A copy of that judgment is Annexure 'b' to the writ petition. It was held that the gift by defendant No. 2 in favour of defendant No. 1 held good so long as the Bhaikh did not intervene and so long as some public spirited Sevak of the institution did not take necessary action under Section 92 of the Code of Civil Procedure for the removal of defendant No. 1 (writ-petitioner) from the institution on account of his unworthy acts in claiming adverse title to it. Nanak Chand and others, the plaintiffs in that suit, preferred Regular First Appeal 78 of 1956, against the judgment and decree of the trial Court dismissing their suit. That appeal was, however, dismissed by Tek Chand J; on August 14. 1957, on account of non-prosecution, as the plaintiffs-appellants had failed to deposit the printing charges for the preparation of the appeal paper-book despite grant of several opportunities. Annexure 'c' is a copy of the High Court order.
(3.) GIAN Chand and four others then moved the Advocate-General for the State of punjab for his consent in writing under Section 92 of the Code of Civil Procedure for instituting a suit for removal of the writ-petitioner and for dispossessing him from the management of Dharmashala Chainpuri. The requisite sanction was granted by Shir S. M. Sikri (now the Chief Justice of India), the then Advocate-General on November 28, 1960. A copy of the plaint of the suit which was then filed in pursuance of the said sanction is Annexure 'e' to the petition. That suit was ultimately dismissed by the judgment of Shri Ranjit Singh Sood, Subordinate judge First Class, Jullundur, date October 29, 1962 (Annexure 'f' ). Regular First appeal 102 of 1963, preferred by the plaintiffs in that suit was dismissed by a division Bench of the High Court (S. B. Capoor and I. D. Dua, JJ.) on October 20, 1965, on account of non-prosecution, A copy of that order is Annexure 'g' to the petition.;