HARI SHANKER SON OF SHRI AMIR CHAND AND ORS. Vs. SHRI LALA RAM ALIAS SHIAM SUNDER SON OF SHRI SHANTI RAM,

JUDGEMENT

(1.) THIS is defendants' appeal. It arises out of suit No. 180 of 1975 filed against the present appellants claiming perpetual injunction against the defendants permanently restraining them not to interfere with the plaintiffs' right to worship as shebait of Dauji Maharaj situate at Mendu Darwaja Hathras.

(2.) TO understand the controversy the following pedigree is relevant: -

(3.) THE suit was contested by the defendant No. l alone. In para 15 of the written statement it has been pleaded that after the death of Ganga Das the Mandir and its property was managed by his two sons as Shebait and after the death of Shanti Ram, Shri Kewal Das became the shebait. The plaintiff though during the life time of Kewal Das managed the temple for some time but he was not legally authorized to do so and as such the plaintiff not being a shebait is not entitled to maintain the suit. It has been further pleaded that the defendant No. 1 was appointed as Mohatsim of the Mandir and the disputed property by means of will dated 7.11.1944 and there is a custom that Mohatsim during his life time may appoint a person as Mohatsim to look after the property after his death. The defendants No. 3 to 8 illegally are realizing the rent from the tenants and the plaintiff being not heir of Kewal Das and as such is not entitled to maintain the suit. It was further pleaded that if Ganga Das could execute the will, Kewal Das could also execute a will. The plea that Kewal Das adopted the defendant No. l (appellant) according to the Hindu Shastra on Kartik Sudi 15 Wednesday, Sambat 1994 was also raised.