J.V. Gupta, J. - (1.) THIS is Defendant's second appeal against whom suit for possession has been decreed by the two Courts below
(2.) THE Plaintiff Sri Guru Granth Sahib Chhoti and Lambi Dhab filed the suit through Thana Singh and others who claimed themselves to be the members of the Parbandhak Committee of the said Dera. According to the averments in the plaint, the Plaintiff was the owner of the suit property, that Atma Nand Chela of Bhagat Ram was Mohtamin of the Plaintiff's Dera and he died on June 17, 1962. Atma Nand had two Chelas namely Ram Dass and Parmatma Nand and after the death of Atma Nand his Chelas Ram Dass and Parmatma Nand had inherited his property. Since both of them were not residing at village Neor, where the Dera is situated, so they found it difficult to manage the same. In May, 1963 they gathered the people following Sikh religion of Village Neor and with their consent, they decided to give the property in dispute to Thana Singh Lal Singh, Mal Singh and Jangir Singh for management and since that time they have been managing the property on behalf of the Plaintiff and Defendant Jai Singh had no connection of any sort with the suit property. According to the plaint in May, 1974, the Defendant Jai Singh had taken illegal and unlawful possession of the suit property and after conniving with the revenue authorities, had got mutation No. 1838 entered and sanctioned in his name, which according to the Plaintiff was null and void and did not affect the rights of the Plaintiff. The suit was contested inter alia on the ground that Defendant Jai Singh was Mohatmim of the Plaintiff Dera after the death of Atma Nand as he was appointed as Chela during his life time and was managing the same since the death of Atma Nand. He further pleaded that he was appointed Chela by Atma Nand in his life time and after his death also he was in possession of the suit property. The Plaintiff Thana Singh and others had no concern with the same nor there was any registered society of Thana Shigh, Lai Singh and others; and as such they had no locus standi to file the present suit. It was no disputed that Atma Nand had died in the year 1962 but it was stated that the possession of the Defendant over the suit land was there even before the death of Atma Nand and was, thus, open and continuous. It was stated that the Plaintiff was not Dera Gurdwara but was Dera Udasiah.
(3.) THE trial Court, after framing the issues and allowing the parties to lead evidence, came to the conclusion that the Plaintiff Sri Guru Granth Sahib Chhoti and Lambi Dhab is the owner of the property in dispute and it has been admitted even by the Defendant. Even in the revenue record the Plaintiff Dera is recorded as owner of the suit property. The main contest before the trial Court was that whether the Defendant is the Chela of Atma Nand and if so what is its effect. The trial Court found that the Defendant has failed to prove that he was the Chela of Atma Nand. As regards the competency of the suit having been filed through Thana Singh and others, the trial Court took the view that since they are the worshippers of the Dera, the suit on their behalf as such was competent. Consequently, the Plaintiff's suit was decreed vide judgment dated September 16, 1981.;