KISHAN Vs. JAGANNATHJI

JUDGEMENT

(1.) THIS appeal arises out of a suit instituted by Sri Jagannathji, installed in a temple situate in Jagannathji ki gali in old Generalganj in the city of Kanpur, and Raghunath Das (the plaintiffs -respondents) against Sri Kishen (the defendant -appellant) to obtain the following reliefs : (1) by enforcement of the right of manage, ment which vesta in Raghunath Das (plaintiff 2), Sri Kishen (defendant) be removed from the management of property specified in the plaint, which has been made 'waqf' of, and Raghunath Das be awarded possession over the said property as its 'mutwalli' and manager; and (2) an order may be made requiring the defendant to render accounts of the income from the 'waqf' property upto the date of possession by Raghunath Das and a decree for the amount already realised, be passed in favour of Raghunath Das as against the defendant.

(2.) THE temple was admittedly constructed by one Brij Lal, whose relationship with the contending parties will appear from the following genealogical table, which is not disputed :

(3.) THE fourth condition in the deed specifies how the sum of ES. 225, the income from the rental of the two houses, was to be spent. After the details of the expenses, the boundaries of the two houses are given.