VIDYA SAGAR SHARMA Vs. ANAND SWARUP DUBLISH

JUDGEMENT

(1.) This is a defendants' second appeal who have lost in both the courts below.

(2.) Anand Swarup Dutalish, Advocate, Umesh Chand Dublish, his father Shanti Sharan, and Shiv Mahadeo Mandir situate in mohalla Munnalal Qasba Mowana Kalan in District Meerut filed the suit out of which the present appeal arises, as plaintiffs Nos. 1 to 4. They impleaded Bishambhar Sahai, father of appellant Vidya Sagar Sharma; Vishnu Sahai; Janardan Sahai and Keshar Sharan Sharma sons of Pandit Shiv Datt Sharma residents of the same Mohalla as defendants in the suit.

(3.) The case of the plaintiffs was that one Munnalal, the ancestor of plaintiffs Nos. 1 and 2 constructed a temple known as "Shiv Mahadeo" temple in Mohalla Munnalal and dedicted the property in dispute in the suit to the idol (plaintiff No. 4) to which it belongs. The temple, which is a very old construction and existed even in the year 1907, was for worship by the Hindu community in general. The house of the defendants, who were acting as Pujaris of the temple since the time of the ancestors of the plaintiffs Nos. 1 and 2, was situate to the west of the temple across the road. Plaintiff No. 1 visited the temple on February 8, 1967 in connection with thirteenth day ceremony of a member of his family Parmatma Saran Dublish when he noticed that the defendants had illegally brought a portion of the land of the temple to their personal use. They had made unauthorised constructions including a wall and had opened up a new gate as well. The members of the Hindu community and the worshippers were, thus deprived of the use of the temple land in its entirety.