MEENA DEVI Vs. BABU RAM

JUDGEMENT

(1.) This civil revision has been instituted against the order dtd. 15/9/2016 passed by Additional District and Sessions Judge/ Fast Track Court, Court No.-2, Kannauj, in original suit no. 01 of 2014 (Smt. Meena Devi Vs. Babu Ram).

(2.) By the impugned order, the learned Court below allowed the application 25 C2 and directed the plaintiff to implead the applicants as defendants.

(3.) In brief, facts of the case are that Meena Devi filed an original suit no. 1 of 2014 under Sec. 74 of the Indian Trust Act in the Court of District and Sessions Judge Kannauj stating therein that one Ram Prasad, who was the trustee and occupant of the properties A, B and C mentioned in the foot of the plaint, constructed a Shiv Mandir in village Balarpur, District Kannuaj, over the land of list 'A' which was known as Mahadev Mandir. He also constructed Thakur Gi Temple and some other temples over the land of list B and vested the land of list 'C' for the maintenance of temples made over the land of list 'A' and 'B'. He also constructed one room in the plot A and B. In this regard he executed a deed on 2/12/1959 and appointed Swami Ram Charan disciple Bhagwandas as the Sarvarakar (priest). The aforesaid Ram Charan died during the life time of Ram Prasad, therefore, he executed another deed on 29/4/1982 appointing Jageshwar Prasad (plaintiff's husband) as the Sarvarakar of the temple and also authorized him to appoint Sarvarakar of his choice. Apart from being appointed by Jageshwar Prasad the plaintiff is also his legal representative being his wife. Thus she has become Sarvarakar of the impugned trust. Jageshwar Prasad executed a will deed dtd. 8/2/2014 appointing the plaintiff as Sarvarakar and after their death their heirs by way of inheritance for the time immemorial.