PRABHU DAYAL TIWARI, CHELA SRI RAM DAS (SARVRAKAR) AND OTHERS Vs. LAKHAN SINGH SON OF SUKH SAHAB SINGH & OTHERS

JUDGEMENT

(1.) In this case counter and rejoinder affidavits were filed by the parties. As desired by the learned counsel for the parties, case was heard and is being decided finally at this stage.

(2.) The instant revision arises out of the proceedings under section 92, C.P.C. and is directed against the judgment and order passed by the District Judge, Jhansi, dated 4.12.1992, granted permission to the contesting respondents to institute a suit under Section 92, C.P.C., with respect to the temple, known as, Sri Kalyan Rai Ji Virajman Mandir, Madhopura, village Bhasneh, Pargana Garautha, district Jhansi, for short property in dispute. The opposite parties filed an application under Section 92, C.P.C. praying for granting permission to file the suit for constitution of a trust committee and to frame a scheme of administration for managing the trust property. It was claimed that the said property was a public trust, which was being mismanaged, therefore, it was necessary to frame a scheme of administration for proper administration of the trust property. On receipt of the notices from the court of the District Judge, applicants filed their objection pleading that the trust in question was not a public trust, that it was an ancestral and personal temple established by Bhagwan Das who appointed Mahant Ram Das Chela as Manager/Sarvarakar of the properties of the temple. He also executed and registered will dated 6.9.1983 in favour of Chela Prabhu Dayal. It was contended that the application filed under Section 92, C.P.C. therefore, was liable to be dismissed.

(3.) It is evident from the material on record that the suit, for the above mentioned relief, was filed and simultaneously application under Section 92, C.P.C. was also filed. The applicants are alleged to have filed voluminous documentary evidence in support of their case. The court below, thereafter, passed the following order.