PARAS RAM HARNAND RAI Vs. OM PARKASH

JUDGEMENT

(1.) On December 12, 1967 the appellant, Firm M/s Paras Ram Harnand Rai, brought a suit seeking a decree for mandatory injunction directing the respondent 0m Prakash not to enter the temple and quarter, part of property No. 7796, Katra Dina Nath, Goenka Road, Subzimandi, Delhi, consisting of several residential quarters and a private temple and put the appellant in possession of the same. It was averred that the appellant was the owner of the property in suit. The respondent had been permitted to perform daily Puja in the temple as a licensee. For discharging the said duties he had been allowed to reside in quarter, private No. 11, as a licensee. The respondent failed to perform the Puja in the temple honestly and faithfully. His license was terminated and he was asked not to enter the said temple and the quarter, but he had refused to comply the said demand.

(2.) The suit was contested by the respondent on various pleas. The main contentions raised were : (1) the appellant firm was not the owner of the property in suit ; (2) the temple is a debutter property ; (3) Mata Pershad, father of the respondent had been appointed she bait which office was heritable ; (4) the quarter in suit had been gifted to Mata Pershad and on his death the respondent became its owner ; (5) the suit was not properly valued for purposes of court fee and jurisdiction ; and (6) the appellant firm was not a duly registered firm under the Partnarship Act and the suit had not been filed by the registered partner.

(3.) By an order dated October 28, 1969 the learned Subordinate Judge while deciding the issue ragarding valuation of the suit as a preliminary issue, came to the conclusion that in reality the appellant was seeking the possession of the property in suit and the suit was therefore, not properly valued for purposes of court fee and jurisdiction. The appellant was directed to claim the relief for possession by amending the plaint. The appellant consequently amended the plaint and sought a decree for possession of the suit property.