Hemant Gupta, J. - (1.) THIS judgment shall dispute of R.S.A. No. 367 of 2004 arising out of a suit for declaration, filed by the plaintiff -appellants challenging the Will, allegedly executed by one Jagta and R.S.A. No. 264 of 2004 arising out of a suit for permanent injunction filed by the respondent. Since both the suits were consolidated and decided by a common judgment, therefore, both the present appeals of the appellants are being decided together.
(2.) THE present appellants are the habitants of Village Lakhpur, Tehsil Phagwara. It is the case of the appellants that the Mandir known as Khuhi Hai Labhu Bhagat Brasata Sahni, a religious Institution, was founded by one spiritual person named Shri Labhu Bhagat Ji. The said Institution is being looked after by the Sewadar/Sadh Sangat, public at large particularly belonging to Village Lakhpur. The management of the said Institution has always been with the public man whosoever had been at the relevant time as Sewadar and all such persons who had been carrying on the work of Sewadari to upkeep the institution. It is also alleged that office of Sewadari is not hereditary and Jagta was not competent to execute any Will in favour of defendant No. 1. In reply, it has been pointed out that the suit property is a private religious property formed by forefathers of defendant No. 1 i.e. Bhagat Labhu Ji. There is a custom appointing a Sewadar by Will. Bhagat Labhu Ji appointed Bhagat Bhagat Jawala Ji his chela by will and then Bhagat Jawala Ji appointed Bhagat Jagta by Will and then Bhagat Jagta appointed defendant No. 1 as Sewadar by Will and thus, the plaintiffs have no right to interfere in the peaceful possession and management of the private religious institution.
(3.) BOTH the Courts below have found that the property belongs to a private religious Institution and that there is custom of appointing Sewadar by Will. Therefore, the plaintiff is not entitled to the declaration sought for.;