(1.) By way of this appeal, the appellant seeks to impugn the judgment of the learned Additional District Judge dated 10th February, 2004 whereby Suit No.85/03 filed by Shree Yog Mayaji Temple was decreed and Suit No.03/04/93 filed by Madan Lal Kaushik was dismissed.
(2.) At the outset, it must be noted that the plaintiffs in Suit No.85/03, who are arrayed as respondents in the present appeal, namely, Shree Yog Mayaji Temple and Others had filed an application under Order XII Rule 6 CPC praying for the passing of a decree in the suit while certain preliminary issues had been framed in the case of Suit No.03/04/93 filed by the appellant herein, namely, Madan Lal Kaushik, to which I shall presently advert.
(3.) The facts may be recapitulated in extenso as it is these facts which are material for the purpose of deciding the present appeal. On 04.09.1993, Madan Lal Kaushik, the appellant herein, had filed a suit for declaration and permanent injunction against Shri Hari Narain and Others, being Suit No.03/04/93. It was the case of appellant in the said suit that he was in peaceful physical possession of property No.10/7, Yog Maya Mandir, Mehrauli, New Delhi since the year 1943, comprising of two rooms, one kitchen, one store, one bathroom and a partly demolished room on the ground floor and one room on the first floor. The site plan of the said premises was filed by the appellant with the plaint. It was further the case of the appellant that the possession of the aforesaid property was inherited by him from his late father Pt. Badlu Ram, who had the exclusive possession of the same for the last more than 50 years and had died on 19.12.1991. According to the plaint, the defendants No.1 to 3, namely, Shri Hari Narain, Shri Inder Narain and Shri Surinder Narain, were pandas of Shree Yog Maya Mandir and had taken over the administration of the said Mandir.