BABA GOPAL DASS CHELA SURTI DASS Vs. GHAT TALAB KAULAN WALA
LAWS(P&H)-2016-7-66
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 18,2016

Baba Gopal Dass Chela Surti Dass Appellant
VERSUS
Ghat Talab Kaulan Wala Respondents

JUDGEMENT

RAJ MOHAN SINGH,J. - (1.) Trial Court decreed the suit of the plaintiff for mandatory injunction directing the defendant to render the account of the income and expenditure of the Mandir for the last three years, however suit for mandatory injunction qua vacating the management of the Mandir was dismissed. However lower Appellate Court allowed both the reliefs to the plaintiff thereby decreeing the suit in toto in appeal.
(2.) Aggrieved from the aforesaid judgment and decree dated 03.05.1997 passed by Additional District Judge, Ropar decreeing the suit of the plaintiff in toto, defendant filed this Regular Second Appeal before this Court.
(3.) Brief facts as gathered from the record are that the plaintiff -Ghat Talab Kaulan Wala through its Managers and Trustees filed suit for mandatory injunction directing the defendant to vacate the management of the Mandir, building and other property situated in the area of Mundi Kharar and for rendition of account. It was alleged that plaintiff -Ghat Talab Kaulan Wala was the owner of the suit property and the same was being managed through its Managers/Trustees Charan Dass and Manohar Lal. It was also alleged that the defendant was the Sevadar engaged by them and other members of the Trust and defendant had been managing the affairs of the management of the suit land comprising of a Well. The status of the defendant was only of Sevadar, who was managing the suit property as licencee of the plaintiff.;


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