SUNDER DASS Vs. PREM SHANKAR AND OTHERS

JUDGEMENT

(1.) First appeal is arises out of the judgment and decree dated 22.11.2013 passed by I Additional Civil Judge (Sr. Div.) Haridwar in Original Suit No. 305 of 2001 Prem Shankar Pandey Vs. Mahant Bhagwandas whereby suit of plaintiff for declaration and perpetual prohibitory injunction has been decreed.

(2.) Facts in brief, are that plaintiff Prem Shankar Pandey (herein respondent no. 1) filed a suit for injunction and declaration in regard to the property in dispute with the averment that plaintiff is the trustee of Swami Madhwacharya Charitable Trust and plaintiff has a right to file suit on behalf of the trust. It is contended that Late Swami Madhwacharya had purchased the property in dispute, and registered the same in the year 1974, thereafter raised construction over it and property was renowned as Manas Mandir. It is further contended that Late Swami Madhwacharya was the resident of Village Mirjapur, Tehsil Jalalabad, District Shahjanpur and his birth name was Umashankar Pandey, but he deserted the house in his young age and became saint. In the meantime, Swami Madhwacharya @ Uma Shankar re-connected with his family members and, thereafter developed relationship with each other. Plaintiff is the son of elder brother of Late Swami Madhwacharya. Late Swami Madhwacharya executed the unregistered will on 16.10.2000 in regard to the property in dispute and created a trust known as Swami Madhwacharya Charitable Trust and bequeathed his all property to the trust. For proper management of the Trust, plaintiff and defendants no. 10 to 17 were appointed as trustee. Apart from the movable and immovable property, the amount has been deposited with the banks i.e. defendant nos. 3 to 9. According to the unregistered will dated 16.10.2000, executed by Swami Madhwacharya, after his death, Swami Madhwacharya Trust is the legal heir of said movable and immovable property. It is also contended that defendant no. 1 and 2 are the influential person and they are trying to illegally grab the property of Late Swami Madhwacharya and also the amount deposited in the banks and they are claiming the property of a particular community (sampradaya). Since, defendant no. 1 and 2 are claiming right over the property in dispute, therefore cause of action arose to the plaintiff to file suit for declaration and injunction against defendant no. 1 and 2.

(3.) Defendant nos. 10, 11, 13, 14 and 15 filed their written statements and admitted the plaint averments. Defendant no. 6 and 8 also filed their written statements but they also not specifically denied the plaint s averments. The suit was filed by Sri Vipin Goel, Advocate. The plaintiff also filed the alleged will dated 16.10.2000, notarized by Rajendra Prasad and witnessed by Chandra Bhushan Bishnoi and Sandeep Sharma, both resident of Sanyas Road, Kankhal.