of the C ollector dated 07.05.1958 b u t no enquiry was held prior to sanctioni n g of mutation No.684. Even i f it is taken that the mutation w as validly s a nctioned, the suit has not been f iled by Shri Gurdwara Sahib K u kar Majra bu t has been filed by Sri Guru Granth Sahib Shri Gurd w ara Sahib Ku k kar Majra. [6] Issue Nos.2, 6, 9 & 11 were d ecided in favour of the defenda n ts, holding t h at defendants are not only in p o ssession of the land in dispute for last several years but have also raised co n struction and have also rented out portion o f the property to separate pe r sons, which all shows that t h eir possessio n was always hostile and to the knowledge of the appella n ts. Learned T rial Court thus, dismissed the s uit filed by the plaintiffs and h eld that the d e fendants have perfected their ti t le by prescription. [7] In appeal preferred by the d e fendants, learned Lower Appel l ate Court reversed findings on Issue No.1, h o lding that though land continue d to be record e d as ‘ shamlat deh’ till 1958 bu t the same was mutated in the n a me of Gurd w ara Sahib Kukar Majra on 23.0 9 .1958 after villagers/proprietor s of the village prayed that the land be muta t ed in favour of Gurudwara Sa h ib. After 19 5 8, land has remained recorde d as ownership of Gurdwara S a hib Kukar M a jra and there is no challenge t o the ownership of the plaintiffs, till date. Re g arding possession and conseq u ent title of the defendants, Lo w er Appellat e Court observed that the dem a rcation was conducted in the y ear 1970. H o wever, possession of Mohan D ass over the part of the suit l a nd measurin g 1 bigha 13 biswas and 1 bi g ha 19 biswas is continuing since 1932-33, which is evident from jamab a ndi for Samvat 1990-91 (Ex h ibit RAJNEESH SHARMA D12). Mohan Dass died on 11.02.1961. Death certifi c ate 2025.02.18 17:46 I attest to the accuracy and integrity of this document
