CR No. 4583 of 2006 [1] IN THE HIGH COURT FOR THE STATES OF PUNJUAB AND HARYANA AT CHANDIGARH Civil Revision No. 4583 of 2006 (O&M) Date of decision: 29.4.2009 Ashok Kumar and another ....Petitioners Versus Davinder Dass Chela Kundal Dass ....Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Surinder Gandhi, Advocate for the petitioners. RAJESH BINDAL J. The challenge in the present petition is to the orders passed by the learned courts below restraining the petitioners-defendants from interfering in the management and control of the respondent-plaintiff over the 'Khera'. The suit was filed with the plea that the 'Khera' is the property of Mandir Thakurdawara and the respondent-plaintiff was managing and controlling the affairs of the suit property from a very long time and he used to maintain the said khera from the collection of the money made from the same and that money is spent for the other public purpose also. As the petitioners/defendants started interfering in the possession and management of the khera, the suit was filed. The learned trial court while considering various documents produced on record by the respondent-plaintiff showing possession of the property, restrained the petitioners- defendants from interfering into the possession of the khera vide order dated 18.8.2005. Thereafter, the petitioners preferred appeal before the learned lower appellate court, which was dismissed on 10.2.2006. These orders are impugned before this Court. Learned counsel for the petitioners submitted that the property in dispute is in fact owned by Thakurdawara and the respondent had no authority to claim ownership of the property as the respondent is legal heir of the earlier Mahant appointed by Ahluwalia Panchayat. He had no authority to remain in possession of the 'Khera' as it is to be managed by the Ahluwalia Panchayat. It is further submitted that the respondent manipulated his name in the record with the Municipal Committee on the basis of Will executed by Kundal Dass, the earlier Mahant. Heard learned counsel for the petitioners and perused the paper book. The plea is sought to be raised that the property in question i.e. Khera CR No. 4583 of 2006 [2] is owned by the Ahluwalia Panchayat and it is managing and controlling the affairs of the same but the Ahluwalia Panchayat is not a party to the litigation. The respondent had filed a suit for permanent injunction only against two individuals Devinder Pal and Ashok Kumar. As far as the record which is now sought to be relied upon by the petitioners to show that in fact the Ahluwalia Panchayat is the owner in possession of the property in question is on the basis of document Annexure P-17 attached with the application. It is a copy of order passed by the Executive Officer, Municipal Committee, Ambala City directing correction of name of owners of property in dispute mentioned in the House Tax assessment Register. The alleged order came to be passed on 10.10.2008 after both the courts below had already passed the impugned orders against the petitioners. Meaning thereby this was not produced before the courts below. Another document which is sought to be referred to by the petitioners is the copy of the House Tax Register for the year 2003-04 wherein Thakurdawara Kalalan was mentioned to be the owner of the property. It was sought to be pleaded that in fact Thakurdawara Kalalan is nothing else but Ahluwalia Panchayat and on the basis of the same correction was made in the House Tax Register and after the correction, the same has been noticed therein for the year 2007-2008. Further reliance was sought to be placed on document Annexure-P21 attached with the application that the Thakurdawara Kalalan is Ahluwalia Panchayat. This is a book written by Ganda Singh wherein Ahluwalias claimed themselves to be successors of Gopal Singh, who had taken birth from the loins of Sadhu Singh, Rajput, who had come from Rajasthan. His wife belonged to Kalal caste. As Sadhu Singh was living in village Ahlu, his son Gopal Singh and other successors-in-interest came to be known as Ahluwalia. It is also noticed in the aforesaid book that when Sadhu Singh showed his interest to marry a Kalal girl, a condition was put that all future generations will also have to marry in Kalal clan only. Sadhu Singh accepted this contention and married the girl. Their children also subsequently married in Kalals. Jassa Singh Ahluwalia, the ruler of Kapurthala, was descendent of Gopal Singh. Reference was also made to Annexure P.12, the history of Kalal caste to submit that in fact Ahluwalia are kalals. A perusal of the aforesaid document shows that Kalals claimed themselves to be successors of Raja Haihayah of Chandervanshi Kshtriya. They settled in India, Nepal, Bangladesh, Mauritius and are identified in about 200 castes. The sub castes are Ahluwalia, Jaiswal, Karanwal, Batham, Pareta, Mewade, Hada, Somvanshi Gopalia, Jayasar, Jaswal, CR No. 4583 of 2006 [3] Jaias, Shivhare, Gulhere, Mahaur, Suri, Shaundik, Saha, Vyahut, Sahu, Rai, Chaukse, Jain Kalar, Kausre Kalar, Dandsena etc. It is also claimed that these castes/sub castes were engaged in the business of carrier of liquor and, therefore, were seen with hatred. Kalals also claimed their origin from Vedas, as the term “Kalal” has been mentioned as the persons who were engaged in distilling Somras (liquor). The documents, which were sought to be relied upon by the petitioners before this court are yet to be produced in the evidence to be led by them. Secondly, these documents were not even produced before the learned court below to have a perusal thereof and record any prima facie opinion thereon. For the reasons mentioned above, I do not find any merit in the present revision petition and the same is dismissed. (Rajesh Bindal) Judge 29.4.2009 mk