but decree was refused as regards ejectment of defendants from the two rooms companyverted into three rooms of dharamshalla in their possession as also of permanent injunction sought for in respect of four marlas of the land in plot number 2304/1143/1.
decree so sought for in the suit was granted limited to the extent of restraining defendants by permanent injunction from interfering in any way with the performance of religious ceremonies by hindus at the three springs kamal kuad bimal kund and gauri kund or their companyducting of pujas in the temples and of holding dewans in the open space numberth of the springs towards pahalgam side on the occasions of mal mas ban mas suraj grahan chand grahan soma wad amawas amawas falling on mon day amar nath jee yatara period and vijay saptami 7th day of hindus month falling on sunday and of plaintiffs possession of the building situated to the numberth of dharamshalla towards pahalgam road and from erecting any gurudwara at the martand premises.
jaswant singh as their representatives and attorneys and it was decided with the dharmarth department alongwith the then honble finance minister that both the rooms would be got vacated and granth sahib will be placed in the new dharamshalla and these two rooms shall be used temporarily for granth sahib till new dharamshalla is companystructed on the government expenses.
para number 10 is companytrary to the fact and incorrect.
para 10 of written statement of defendants 3 7 and 8 reads para 10 of written statement of defendants 3 7 and 8.
numberdoubt the finding recorded by the learned third judge farooqi j. that tow rooms of dharamshalla had been granted by maharaja partap singh in favour of the sikh companymunity defendants accords with the finding of anumberher learned judge jalal ud din j. but that finding in our view becomes wholly unsustainable being altogether a new case made out for the defendants by him in that such case is number in any way traceable to the pleas of defence of the defendants set out in their written statement against their ejectment from the said two rooms.
the plaintiffs were demanding of the defendant to vacate these rooms and to take out the granth sahib from the existing rooms and make their arrangements but the defendants companytinued evading.
the claim of the plaintiffs for two rooms based on permissive possession was false.
the plaintiffs in their suit sought to obtain a permanent injunction against sikhs the defendants from holding their dewans or companygregation on the plea that the open space was part and parcel of the martand shrine belonging to hindus and that space was in possession of hindus from times immemorial and was being used for performing their various religious ceremonies.
decree sought for in the suit was for grant of permanent injunction to restrain the defendants from interfering with plaintiffs possession of lands measuring 19 kanals 12 marlas in survy plots 1424/4 1962/1424/4 and 2304/1143/1 measuring 19 kanals 6 marlas 6 marlas and 9 kanals 18 marlas respectively and dharamshallas temples and springs at tirath martand village macha bhawan tehsil anantnag from obstructing hindus of their worship of gods in the temples or of their performance of religious ceremonies at the springs and putting up any companystructions on the disputed lands and for ejectment of the defendants from two rooms companyverted into three rooms out of six room of the dharamshalla on the southern side of the springs of martand.
the said decree in the suit was questioned by the plaintiffs in the first appeal number 83/67 filed by them in the same high companyrt to the extent it did number grant certain reliefs while the same was questioned by the defendants insofar it has granted certain reliefs against them by filing civil first appeal number 87/67.
therefore the plaintiffs are desirous to get them ejected from these rooms and are entitled to possession in the two written statements filed by the defendants the whole defence set up by them in respect of two rooms companyverted into three rooms of the southern dharamshalla of martand shrine from which defendants ejectment was sought is companytained in para 10 of the written statement of defendants 3 7 and 8 and paras 5 and 10 of the written statement of all the defendants including defendants 37 and 8.
at the time the deed dated 4 assuj 1992 was executed sikhs had companyverted these two rooms into four rooms and at present these four rooms have again been converted into two rooms and one kitchen.
this companypromise deed was executed on 4th assuj 1992 jointly by the aforesaid representatives and dharmarth department in presence of the then wazir wazarat anantnag and honble finance minister by which dispute between dharmarth department and the defendants sikhs ended.
the plaintiffs are entitled to the possession of these rooms and the defendants are bound to take out granth sahib from these rooms as has been decided and agreed to by the representatives of the defendants in the year 1992 the government of jammu and kashmir and the dharmarth department which was managing body of the martand tirath have companysented that permission to keep granth sahib for some time be given and granth sahib be placed somewhere else which the defendants did number do.
they were creating the disturbances from time to time for about two years.
since the learned judges who rendered separate judgments in those appeals failed to reach an agreement on two of the points that arose for their consideration therein they requested the honble chief justice to refer the two points on which they had number agreed to a third judge for his opinion thereon by making the following order as may learned brother anant singh j and myself have number agreed in our respective judgments to the points relating to questions of adverse possession and the right of holding dewans by the defendants the matter may therefore be placed before my lord honble the chief justice for referring these points to a third judge to be numberinated by his lordships.
a division bench companyprised of mian jalal ud din and anant singh jj heard the said two appeals having clubbed them together.
due to this dispute the government intervened and on the intervention of the government of jk the sikhs numberinated sardar kanya singh sardar gulab singh sardar nirmal singh and dr.
the open space companycerned is to the numberth of the springs towards pahalgam road companyering an area of 19kanals and 6 marias.
hence its entire contents are denied.
1995 1 suppl.
scr 692 the judgment of the companyrt was delivered by venkatachala j. appellants were the plaintiffs while respondents were defendants in civil original suit number 20 of 1958 filed in the high companyrt of jammu and kashmir in respect of martand shrine in anantnag district.
at the plaintiffs persistency the defendants started creating disturbance and to grab these rooms by oppression and taking out their daggers overawed the plaintiffs attempting to take possession of the springs and tried to put obstruction to the hindus in performing their religious rites and tried to show that the tirath is of guru nanak ji.
the claim of hindus made in the suit for restraining by permanent injunction the defendants from using the open space was resisted by the defendants on the plea put forth by the defendants in para 9 of their written statement filed in the suit which read thus the land companyered by khasra number 1424/4 measuring 19 kanals and 6 marias is in the exclusive possession of the sikhs since the times immemorial as a part and parcel of gurudawara shri mattan sahib where they hold companygregations meetings and diwans of the sikh companymunity unfortunately for the defendants the claim made in their written statement that the land companyered by khasra number1424/4 measuring 19 kanals 6 marias is in the exclusive possession of sikhs as part of gurudawara shri mattan sahib has been disbelieved number only by the trial judge but also by the judges of the high companyrt who dealt with the appeals arising from the judgment of the trial judge.
gradually the disturbance prolonged till the government itself took the possession of this sacred martand tirath detailed a police guard that two rooms are in possession of the defendants on temporary basis which are existing at present in the shape of three rooms.
the defence put forth by the defendants as seen from their written statements against the plea of ejectment putforth against them by the plaintiffs in their suit does number show that they were number liable to ejectment from the two rooms companyverted into three rooms in the southern dharamshalla of the martand shrine for the reason that those rooms were given away to the sikh companymunity by maharaja partap singh by way of grant while he was the sovereign ruler of the jammu state.
