THAKUR KRISHNA CHANDRAMAJIU Vs. KANHAYALAL

JUDGEMENT

(1.) This is a first appeal by the plaintiff in the action. The plaintiff is a deity, Shri Shri Thakur Krishna Chandramajiu installed at Lala Babu's temple in the holy city of Brindaban by its next Mend, Swami Satyananda Tirtha (since deceased and after him, his Chela Swami Shiyanand Tirtha), disciple of Swami Shankar Hari Har Tirtha Jiu, residing at Brindaban, Lala Babu's temple, district Mathura.

(2.) The plaintiff prays (a) that a decree be passed declaring the properties in suit as absolute debutter of the plaintiff deity and that the same are unaffected by the mortgtages, dated the 22nd June, 1925 and 24th December, 1925 and the decree thereon in suit No. 1365 of 1927 of the High Court of Judicature at Fort William, in Bengal in its ordinary original Civil Jurisdiction and that the sales held thereunder be declared to be void, ultra vires, without jurisdiction, illegal and invalid and not binding on the plaintiff and (b) that a decree for Khas possession in favour of the plaintiff on the eviction of the defendant No. 1 from the properties in suit be passed.

(3.) The defendant No. 1 in the suit was Kedar Nath Kezdiwal, the auction-purchaser. He has died since and is now represented by his heirs specified in the plaint. The second defendant is Arun Chandra Singh who is the heir of Krishna Chandra Singh alias Lala Babu (i.e. the mortgagor of the two mortgage deeds dated 22-8-1925 and 24-12-1925) and is said to be the shebait of the plaintiff deity.