RAM RAWAL Vs. THAKUR RAM CHANDRA JI MAHARAJ

JUDGEMENT

(1.) This is a defendant's Second Appeal wherein the defendant has questioned the judgment dtd. 16/11/2013, passed by the Civil Judge (Jr.Div.), Kashipur, District Udham Singh Nagar in Civil Suit No. 203 of 1995, Thakur Ram Chandra Ji Maharaj Vs. Shri Ram Rawal and another. He further questions the propriety of the judgment dtd. 28/2/2019, as passed by the Second Additional District Judge, Kashipur, District Udham Singh Nagar in Civil Appeal No. 54 of 2013, Ram Rawal Vs. Thakur Ram Chandra Ji Maharaj and Shivaji Maharaj Virajman Mandir and another, whereby as a consequence of the judgment dtd. 28/2/2019, the suit preferred by the plaintiff-respondents for possession of the shop in dispute had been decreed concurrently by both the courts below and, consequently the shop which has been described in the plaint as to be a shop situated in the Main Bazar, Mohalla Ganj facing south which is bounded in the east by the shops of the plaintiff temple occupied by one Mr. Ramesh Chandra, in the west, another shop of the plaintiff temple occupied by Mr. Kewal Kumar and in the south there was a road and in the north, the rest of property of the Trust.

(2.) The Trust-respondent No.1 herein, the present Second Appeal had instituted a proceeding for eviction of the defendant-appellant by instituting the suit on 25/9/1995 being Suit No.203 of 1995, praying for a decree of permanent mandatory injunction for following relief :-

(3.) As per the plaint averment, it is contended that at the time when the suit was instituted it was the then Chairman one Mr. Chandra Prakash who was given the authority to institute the suit later on after his death the trust passed a resolution on 5/8/1997 and conferred the authority to one Mr. Ashok Kumar Agarwal, to continue with the suit instituted by respondent No.1. He too died during the pendency of suit and ultimately by the resolution passed by the Trust, one Mr. Gopal Dass who was the then Chairman who was given the authority by the plaintiff to proceed with the suit against defendant/appellant.