MITRANATH Vs. BABU LAL

JUDGEMENT

(1.) Heard Sri N.C. Tripathi, learned counsel for the appellants and Sri G.S. Bhatt, learned counsel appearing for respondent.

(2.) The plaintiff-respondent instituted Original Suit No. 139 of 1988 seeking permanent injunction against defendants-appellants from interfering in possession of plaintiff on Abadi Plot No. 262 situate at Mauja Sitapur, Tehsil Karvi, District Banda, boundary whereof is shown in the bottom of plaint. He also sought injunction restraining the defendants-appellants from raising any construction, temporary or permanent, or otherwise cause hindrance in peaceful possession of plaintiff. He further sought a direction to defendants-appellants that wall which has been illegally constructed by them during pendency of suit on Plot No. 262, should be removed taking away Malba from the aforesaid plot.

(3.) The defendants-appellants contested suit and besides other they raised a plea that property in dispute belong to Thakur Balaji Maharaj Virajman Akhada, Rambag, District Chitrakoot, a religious endowment and the said property could not have been transferred to anyone without seeking permission of Commissioner under Section 7 of U.P. Hindu Religious Institutions (Prevention of Dissipation of Properties) Act, 1962 (hereinafter referred to as the "Act, 1962") since the valuation of property is more than Rs. 50,000/- and its annual income is more than Rs. 1200/-. The defendants-appellants also pleaded that disputed property actually is Khasra No. 265 and not 262, in respect whereto there is already a decree of court in their favour and no injunction, therefore, can be granted. Besides above, they also pleaded that they are in possession of property in dispute since several decades and, therefore, suit is liable to be dismissed.