BABU LAL Vs. RAVI NARAYAN

JUDGEMENT

(1.) The present revision has been preferred by the defendants (hereinafter referred to as 'applicant') against the judgment and order dtd. 16/12/2020 passed by Additional District Judge, (FTC), Mahoba granting leave to suit under Sec. 92 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC')

(2.) The facts, in short, are that the respondents-plaintiffs (hereinafter referred to as 'respondent') instituted a suit under Sec. 92 of CPC praying for a decree to remove the applicants from the trustee in Shree Ram Laxman Janakiji Vakai Mandir, Dubiyana, District Mohoba and further, the applicant no.1 be directed to submit the account of trust and to return the money of trust which is in the hands of applicant no.1. Further relief prayed was that a trustee be appointed in the trust to manage the property and temple as per the trust deed.

(3.) The plaint case is that one Shiv Charan Lal was the owner of a one-story house, the shops situated in Khanga Bazar Grantganj, District Mahoba, two-third part of Khata Khewat Number-2, Mauja Tindauli Mohal Dariyaw Patti Murtaja Hussain Khan, Pargana Mohaba, and one Bagh adjacent to Ramleela. He got constructed a Devalya known as Ram Laxman Janakiji. He executed a trust deed dtd. 6/10/1909 registered on 7/10/1909 to manage the temple. The aforesaid properties owned by Shiv Charan Lal were dedicated to Shree Ram Laxman Janakiji by the trust deed and proceeds of said property are to be used for maintenance, Pooja, and Bhog of the temple. Trust is a public charitable trust. The temple is in a dilapidated condition, and the applicant no.1 who manages the trust is not maintaining the temple from the income of the properties of the trust. Further, the allegation in the plaint is that the trust owns a big market consisting of small shops over the house owned by the Trust which has been let out on rent. The income of the trust is being used by applicant no.1 for his personal use. It is further stated that a part of shops owned by the trust has been let out to Union Bank of India at the rate of Rs.17,738.00 per month and rent paid by the bank is also used by applicant no.1 for his personal use. The respondents claim that they belong to the family of the applicants and used to visit the temple for Pooja and as such, they have an interest in the temple of trust. The relevant paragraphs of the plaint are extracted herein-below:-