BACHAN Vs. THAKUR RAM LAXMAN JANKI

JUDGEMENT

(1.) This is a Defendant's second appeal. The lower appellate court has maintained the judgment and decree dated 21st May, 1971, passed by the Munsif.

(2.) On 26th September, 1947, Dwarka Sahu and his wife Smt. Sahodra executed a deed of endowment (Waqfnama). In it, the relevant recitals are these The doners had the idols of Ram Lakshman Janki and Hanumanji in house No. K 57/187 situated in Mohalla Nawapura in the town of Varanasi and they performed the Sevapuja etc. of the idols according to the Hindu religion. They dedicated the said house to Shri Thakur Ram Lokshman Jankiji and had handed over possession of the same to Shri Thakurji. They had dispossessed themselves from the house and from the date of execution of the deed the ownership of the house vested in Shri Thakurji. So long as the donor No. 1 (the husband) remains alive, he will continue to perform the Seva-puja and Ragbhog etc. and after his demise his wife Smt. Sahodra will perform the Seva puja and Ragbhog etc and will also receive the Prashad Sairvasri Shankar Sahu. Mahadeo Sahu and Shiv Surat Halwai, as trustees. will look after the performance of Sewa-puja etc. by the lady and also the repair of the house and the temple of Thakurji Maharaj. The trustees will meet the short comings, if any. In the event of the death of the wife, the trustees will acquire the right to perform the Seva puja etc. through the agency of a Pujari in the same manner and style in which the donors were performing the same. After the death of the donors it will be the duty of the trustees to get the repairs etc. done. So long as the donors arc alive, the management will be done through them. After their demise the burden will fall on the trustees.

(3.) On 29th October, 1958, Dwarka Sahu executed a supplementary deed -(Waqfnama) whereby he cancelled the appointment of Shaukar Sahu, Mahadeo Sahu and Shiv Murat Halwai as trustees. In this document it is also recited that the wife of Dwarka Sahu had died. On 16th Feburary, i960 Dwarka Sahu executed a will in favour of Bechan (Defendant-Appellant) whereby the latter was to succeed him as Shebait of the property which was the subject matter of the deed of endowment dated 26th September, 1947. On 19th June 1965, Dwarka Sahu died.