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Showing contexts for: SHAMLAT THOK in Harish Bhardwaj vs Saraswati on 25 April, 2017Matching Fragments
from installing any stallshop and encroaching, creating, nuisance and trespassing in the passage, dharamshala, chabutra of land of the temple Sri Kalkaji which is in the name of Shamlat Thok Brahmins and Thok Jogians bearing Khasra No. 626 min, 630 min, 1202/627, 633 min and 624, 625, 626 min, 1201/627, 630 min, 633 min + 1203/607, measuring 356 bighas & biswas.
2. Brief facts necessary to be noted for the purposes of the present appeal are that the appellant as plaintiff had instituted a Civil suit seeking a decree of permanent injunction in favour of the plaintiff and against the defendantrespondent on a set of facts that the plaintiff is a Society registered under the Societies Registration Act and is formed by the Pujaries of the temple Sri Kalka ji to look after the welfare of the temple Sri Kalka ji in which the members are elected through elections which are held after every three years. The members of the said Committee are pujaries of the temple Sri Kalkaji who perform puja sewa and realize tehbazari as per their turn which commences from Shudi Ekadashi and ends on Shudi Dashmi of every Hindi Calender month. That the defendant is the illegal occupant in Dharamshala Kalkaji Mandir, Kalkaji, New Delhi. That the temple Sri Kalkaji is situated on the land of Shamlat Thok Brahmins and the Thok Jogians bearing Khasra No. 626 Min, 630 Min, 1202/627, 633 Min and 624, 625, 626 Mina, 1201/627, 630 min, 633 min and 1203/627 measuring 356 Bidhas 8 biswas. That within the precincts of temple Sri Kalkaji there are several Dharamshalas, small temples, parking stand, pyasus etc. In temple Sri Kalkaji there is a system prevalent in which there is a Bari system in which the pujaries perform Puja sewa and realize tehbazari and other ancillary profits as per their turn. The land of temple is reserved for the joint use of Pujaries of the temple and for the purposes of the temple alone and it could not be used by any person for his own benefit and it had been decided several times earlier. The defendant is neither the pujari nor authorized by any pujari to install a stall / shop on the land of the temple Sri Kalkaji or in Dharamshala. On 28.02.2012, the defendant opened a stall / shop of Phool and Prasad by affixing Takhat, Tripal in the thorough fare / passage which is also used for emergency evacuation purposes and on the land of the temple Sri Kalkaji which is in the name of Shamlat Thok Brahmins and Thok Jogians. By opening the said stall / shop and by encroaching the defendant has blocked almost half of the passage which is used for emergency purposes and thus encroached, created nuisance and committed trespass on the land of temple Sri Kalkaji. Also, causing inconvenience in the management of devotees / public at large. That after the opening of Stall / Shop of Phool and Prasad by the defendant the plaintiff and the pujari who is performing puja sewa as per his right requested the defendant to remove the stall / shop which has created hindrance and thus causing lots of inconvenience in the movement of devotees and management of the temple Sri Kalkaji but the defendant did not give any heed to it due to which a call on 100 number was made by the pujari of temple Sri Kalkaji. The defendant also threatened that the pujaries and the committee members will be beaten up and implicated in false cases. The sons of the defendant are having criminal antecedents and due to which there are always apprehensions of the purjaries and committee members being beaten up. Even after calling police the defendant did not remove the encroachment thereafter the plaintiff filed a complaint dated 01.03.2012 to the DCP, SouthEast District, New Delhi and upto the Commissioner of Police, Delhi and thereafter a complaint dated 03.03.2012 was filed with Chowki Incharge, Police Post, Nehru Place, PS Kalkaji, New Delhi but no action was taken by the police and thereafter deliberations went on going between the pujaries and the defendants and finally with the intervention of devotees as the passage was blocked and there was inconvenience in free movement of the devotees due to heavy rush the encroachment was got removed by the devotees on Sunday dated 11.03.2012. Since then till date the stall / shop was not installed again in the passage but repeated efforts are going on by the defendant to again install the stall / shop in the passage and she is again threatening the pujaries and committee members. The defendant has also forcefully opened the stall / shop of Phool and Prasad. On the footpath on the lotus temple side thereby again encroaching and trespassing. If the stall / shop is opened in the emergency passage which begins from corner of Subhash Piao and goes upto Gote Wali Dharamshala then it could lead to a serious disaster like stampede etc. because there would be not enough space to evacuate the devotees during any kind of emergency and could lead to severe unfortunate incident. The defendant cannot be permitted to create hindrance in the free movement of devotees, management of the temple Sri Kalkaji, encroach, create nuisance and trespass on the land or premises like Dharamshala of temple Sri Kalkaji and accrue any benefits out of the land of temple or premises of Sri Kalkaji without the permission of the pujari who is performing puja sewa and realizing tehbazari as per his rights.
4. On the basis of pleadings, following issues were framed by the Ld. Trial Court vide order dated 12.04.2013.
(1) Whether the plaintiff is entitled for a decree of permanent injunction as prayed for? OPP (2) Whether the present suit is not maintainable in the eyes of law? OPD (3) Whether the plaintiffs have no cause of action? OPD (4) Relief.
5. The plaintiff has examined Sh. Satish Bhardwaj as PW1. PW1 has tendered his evidence by way of affidavit, along with Certificate issued by Registrar of Societies as Ex.PW1/1; Election record is Ex.PW1/2; Letter of authorization as Ex.PW1/3; The khasra girdwari of shamlat thok brahmins and thok jogians as Ex.PW1/4; copy of judgment dated 28.12.1995 passed by Sh. G.C. Jain, sub Judge, Delhi is Ex.PW1/5; Judgment dated 10.04.1964 passed by Hon'ble High Court of Punjab & Chandigarh as Ex.PW1/6; Complaint dated 01.03.2012 as Ex. PW1/7; Complaint dated 03.03.2012 as Ex. PW1/8; Photographs of the vacant passage as Ex. PW1/9 and Ex. PW1/10 respectively; Order / Judgment dated 22.11.2011 as Ex. PW1/11 and Order / Judgment dated 14.02.2012 as Ex. PW1/12. Plaintiff has also examined Sh. Harish Bhardwaj as PW 2 and Sh. Brij Mohan Bhardwaj as PW3.
"a. Pass a decree of permanent injunction in favour of the plaintiff and against the defendant, thereby restraining the defendant, her sons, relatives, employees, administrators, assigns etc. from installing any stall/shop and encroaching, creating nuisance and trespassing in the passage, Dharamshala, Chabutra, land of temple Sri Kalkaji which is in the name of Shamlat Thok Brahmins and Thok Jogians bearing Khasra No.626 Min, 630 Min, 1202/627, 633 Min and 624, 625, 626 min, 1201/627, 630 min, 633 min and 1203/627 measuring 356 Bighas 8 Biswas."