LALTA PRASAD Vs. BRAHMANAND

JUDGEMENT

(1.) THIS is an appeal by one of the defendants against a decree of the learned Civil Judge of kanpur.

(2.) IT appears that one Debi Din owned an area of one 'biswa' out of plot No. 840 abutting on a public road in Juhi Khurd, Kanpur. By means of a registered deed dated 29-5-1914 he dedicated this area for the purpose of establishing a 'guashala'. One Shyam Lal alias Shamlu Baba, who was the 'pujari' of Maha-birji's temple in Cooperganj at Kanpur, was appointed a trustee under this deed. Shyam Lal agreed to construct a 'gaushala', a well, a cattle trough and four pucca shops "with his own money". He did erect certain constructions. Sometimes later he hypothecated the land and the constructions to the appellant. The latter is the natural born son of one Ram Asrey, but has been adopted by his (Ram Asrey's) brother Bisheshwar Prasad. Ram Asrey, Bisheshwar prasad and their sons form a joint Hindu family.

(3.) RAM Asrey had a simple money decree against Shyam Lal and in execution thereof he got the disputed land and constructions put up for sale in 1933. He purchased the said property in the auction sale. After the purchase he erected 13 'kothris' thereon. A few years later Shyam Lal died.