MAHANT VIJAY MUNI Vs. GRAM PANCHAYAT OF VILLAGE BAMBELI AND ORS.
LAWS(P&H)-2007-9-150
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 12,2007

Mahant Vijay Muni Appellant
VERSUS
Gram Panchayat of Village Bambeli and Ors. Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) The plaintiff is in second appeal aggrieved against the judgement and decree passed by the learned Courts below arising out of suit for permanent injunction in respect of the land measuring 40 Kanals 14 Marlas situated in village Surapur, Tehsil Garhshankar, District Hoshiarpur; land 30 Kanals 5 Marlas situated in village Bambeli, Tehsil Garhshankar, District Hoshiarpur; and land measuring 99 Kanals 5 Marlas situated in village Binewal, Tehsil Garhshankar, District Hoshiarpur.
(2.) It was found that plaintiff was not in possession of the land situated in village Bambeli whereas in respect of suit land situated in villages Surapur and Binewal, the plaintiff, though in possession, was not found entitled to injunction as the plaintiff was a trespasser, therefore, not entitled to injunction against the true owner.
(3.) As per plaintiff, Mahant Jamna Dass was the owner of the suit land. He executed a registered Will dated 4.3.1970, Exhibit P -3, dedicating the aforesaid property to the Samadhs of Bawa Hem Dass and Baba Prem Dass but appointed the plaintiff as his Chela to manage the aforesaid property. It was, thus, asserted that the plaintiff as the Chela of Mahant Jamna Dass has the right to manage the property as her Chela. It may be noticed that Mahant Jamna Dass died on 27.05.1975. The said suit was filed on 26.6.1975.;


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