AYODHA PRASAD Vs. RAM PURI

JUDGEMENT

(1.) THIS is a defendant's appeal directed against judgment and decree of Sri O. P. Gang, learned II Civil Judge Kanpur in Civil Appeal No. 521 of 1968, arising our of original suit. 59 of 1965. Learned Judge dismissed the appeal with costs and affirmed the judgment and decree of Munsif Hawali, Kanpur, by the impugned judgment and decree.

(2.) DISPUTE relates to a sale deed executed by defendants 1 and 2 in favour of appellant Ayodhya Prasad on 25-1-65 copy of which Ext. 3 is on record relating to Plot 121 situated in village Ban Pargana Derapur, District Kanpur.

(3.) PLAINTIFF came to the court with the allegations that he was a Gosain and had been managing the said temples since the days of his ancestors; there was also a priest in the temples. He used to receive the offerings in the said temples which were more than 100 years old and inhabitants of the village used to visit the same and gather there specially on religious festivals. The residents of the village have acquired customary rights of offering prayers and gathering there on religious occasions. It was further averred that the rooms and corridor existing all around the temples had fallen down for want of repairs. Residents of village had also endowed properties and from the usufruct of the said properties expenses of the temples have been met.