BADRI PRASAD Vs. SATYA DEV

JUDGEMENT

(1.) THIS is defendant's second appeal whereby the appellant has challenged the order passed by the lower appellate Court the appeal filed by the defendant was dismissed. The plaintiff filed a suit for injunction restraining the defendant permanently from interfering with the management of the property of a temple in question as 'Sarvarakar'. The defendant contested the suit and denied the plaintiff's case that the plaintiff is sole 'Sarvarakar' of the temple. The trial Court on the pleadings of the parties have framed as many as six issues, which are as under :

(2.) AFTER the parties adduced the evidence the trial Court recorded the findings on issue No. 1 to the effect that plaintiff alone is the 'Sarvarakar' of the temple in dispute and has sole right to the offerings made therein and the defendants have no right to have share in the offerings of the temple. All the issues are decided accordingly in favour of the plaintiff and aggrieved thereby the defendant filed an appeal before the lower appellate Court, the lower appellate Court upheld the findings regarding plaintiff's being sole 'Sarvarakar' of the temple and dismissed the appeal. Thus, this second appeal.

(3.) IN this view of the matter, this appeal has no force and is accordingly dismissed. Interim order, if any, stands vacated. Appeal dismissed.