MAHANT LALITA SHARANJI Vs. DEOKI DEVI

JUDGEMENT

(1.) The appellant is the Mahant of Shri Mukunddevacharya Peeth, Topi Kunj, Temple of Thakur Radhemohanji Maharaj at Vrindavan. The temple was owner of plot bearing No. 212/2 measuring 2.48 acres. The contesting respondent no. 1 Deoki Devi was owner of land bearing No. 319 measuring 0.44 acres. One Bansi Ballabh [not a party to these proceedings], was the owner of Plot No. 215 and Plot No. 216.

(2.) Consolidation proceedings took place and during the course of these proceedings, the appellant was allotted a portion of Plot No. 212/2, a portion of Plot No. 215 and a portion of Plot No. 216. A portion of Plot No. 212/2, adjoining the road, was treated as bachat land for use by the Gaon Sabha. It is pertinent to mention that one Premwati (not a party to these proceedings), was also allotted a very small portion of Plot No. 212/ The land reserved as bachat land for use by the Gaon Sabha and the land allotted to Premwati adjoined the Vrindavan Chatikara main road. Deoki Devi was also allotted a portion of Plot No. 215 measuring 0.18 acres. The appellant did not challenge the allotment of land to the Gaon Sabha [bachat land] or the allotment of land to Premwati.

(3.) Bansi Ballabh, owner of Plot No. 215 and Plot No. 216, filed an appeal challenging the allotment of 0.18 acres of land in Plot No. 215 in favour of Deoki Devi. It would be pertinent to mention that the present appellant was not a party to those proceedings. The Settlement Officer, Consolidation allowed the appeal filed by Bansi Ballabh on 27.08.1981. However, the Settlement Officer, Consolidation did not limit the appeal to the claim against Deoki Devi only. He ordered amendment of the holding table and now Deoki Devi, who had been allotted land in Plot No. 215, was allotted 0.17 acres of land in Plot No. 212/2, adjoining the Vrindavan Chatikara main road. The holding of the appellant [though he was not a party to the proceedings] was also changed and 0.39 acres of land allotted to him in Plot No. 215 and 0.36 acres of land in Plot No. 216, were taken away and he was again granted 0.66 acres of land in Plot No. 212/2 in addition to what was already allotted to him. As far as the bachat land was concerned, that was changed from Plot No. 212/2 to the northeast corner of Plot No. 216 measuring 0.62 acre. The appellant claims that he was unaware of this order since he was not a party to the appeal filed by Bansi Ballabh.