- (1.) By this appeal, the plaintiffs have challenged the judgment and decree of the trial Court dated 7-1-1980 by which the trial Court dismissed the suit of the plaintiffs holding that the suit is not maintainable in view of the provisions of Section 92 of the Code of Civil Procedure, for short the C.P.C.).
(2.) The controversy involved in the suit is about 40 years old. Few facts which occurred before filing of the suit and relevant for the purpose of decision of this appeal are required to be narrated in brief.
(3.) Earlier Civil Original Suit No. 28/66 was filed challenging the trust-deed and deed of transfer both dated 15-12-60, executed by Sant Sat Guru Deva Singh in respect of the properties of Dera Sant Sat Guru Baba Bagga Singh of Taran Taran which is the subject-matter of present suit also. The above suit was decreed by the Additional District Judge on 2-12-1969 against which D.B. Civil First Appeal No. 45/1970 was filed by the Association of Radhaswami Dera Baba Bagga Singh who was defendant in above suit (defendant in the present suit and respondent No. 1 in this appeal). The Division Bench of this Court allowed the appeal of the defendant only on the ground that the suit filed by the plaintiffs was not maintainable as no permission under Section 92, C.P.C. was obtained by the plaintiffs before filing of the suit. Some of present plaintiffs were also common plaintiff in the earlier filed Suit No. 28/ 66. The plaintiffs in this case, in para No. 20 of the plaint, stated that cause of action accrued on 23-10-60 when defendant No. 1 encroached upon the properties of the Dera and on 15-12-1960 when Baba Deva Singh executed declaration of trust deed and transfer deed in favour of the defendant No. 1 and, thereafter, on 17-2-1972 when the Division Bench of this Court dismissed the Suit No. 28/66 and on 21-5-1972 when the possession was handed over by the Receiver to defendant Nos. 1 and 2. The facts which were alleged in the Civil Original Suit No. 28/66 are given in the judgment of the Division Bench in the case of Association of Radhaswami Dera Baba Bagga Singh v. Gurnam Singh, 1972 Raj LW 182 : AIR 1972 Raj 263, which are required to be quoted here because these facts will be having relevance for the purpose of deciding this appeal which read as under (at page 264 of AIR) : "It is stated in the plaint that Baba Bagga Singh of Taran Taran established a religious institution for the propagation of the tenets and preachings of the Radhaswami faith at Taran Taran. He accordingly initiated many disciples to this order and acquired movable and immovable properties for the development and progress of the order. He consequently established a Dera which is known as Sant Sat Guru Baba Bagga Singh Dera at Taran Taran hereinafter referred to as the Baba Bagga Singh in his lifetime nominated Sant Sat Guru Deva Singh as his principal disciple descendant to the Gaddi. On the death of Baba Bagga Singh, Deva Singh succeed to the Gaddi. He also acquired properties. Baba Devi Singh died on 20-12-60. Three or four months prior to his death, he had become extremely weak and was not in a position to even walk. It is further stated in the plaint that some interested persons had created factions amongst the sewadars and won some of them over their side with a view to grab the properties of the said Dera. To achieve this end, it is stated that they managed to get executed by Sant Sat Guru Deva Singh trust deed Ex. 2 and deed of transfer Ex. 3 in respect of properties of the Dera by exercising coercion, undue influence and fraud upon him on 15-12-60. and also got established an Association under Memorandum of Association Ex. 1. It is pertinent to mention here that under the trust-deed Ex. 2 dated 15-12-60, Baba Deva Singh appointed himself the sole trustee of the properties of the Dera and in the capacity of the sole trustees, transferred on the same day all the properties under Ex. 2 belonging to the Dera In favour of the Association hereinafter to be referred as defendant No. 1, for the management of the aforesaid properties. The plaintiff allege that the trust-deed Ex. 9 and the transfer-deed Ex. 3 as well as the Memorandum of Association Ex.1 and the Association made thereunder were Illegal, void and contrary to the provisions of law. The plaintiff impeached the validity of the trust deed inter alia on the following grounds. (1) That the Dera Baba Bagga Singh being a public religious institution and its properties being religious property in the nature of trust property and that Baba Deva Singh being merely a trustee of this property could not create any further trust in respect thereof. That in any event, the trust-deed was void as the same was not executed by free will and was vitiated by coercion, fraud and undue influence. The transfer-deed Ex. 3, dated 15-12-60 was impeached mainly on the grounds (1) that the properties transferred thereunder were public religious trust properties and were therefore, inalienable; and (2) that Baba Deva Singh had no authority to alienate the public religious trust properties. The plaint further goes on to state that the defendants had taken over the possession of the properties of the said Dera illegally and were even dealing with them in contravention of the object of the trust. It has been stated that one Pratap Singh, defendant No. 2, had illegally proclaimed himself to be the Sant Sat Guru of the said Dera. The plaintiffs, therefore, stated that the trust-deed and the transfer-deed being void could not confer any right on the defendants and their possession was merely that of a trespasser. On these allegations the plaintiffs prayed for a declaration for declaring the transfer-deed Ex.5, the trust-deed Ex.2 and the Memorandum of Association Ex. 1 to be void. The plaintiffs also prayed for three more reliefs as a consequence of the said declaration; firstly, for the removal of defendant No, 2 from the post of Sant Sat Guru of the said Dera, secondly, for convening a meeting of the Sangh for appointment of a new Sant Sat Guru, and thirdly, for the appointment of a Receiver and taking accounts with regard to the properties of the said Dera.";