THAKURJI MAHARAJ Vs. DANKIYA

JUDGEMENT

(1.) This is a second appeal by the plaintiff against the judgment and decree dt. 14-8-1974 of the learned 2nd Additional District Judge, Hamirpur (in short "the A.D.J.") reversing the judgment and decree of the trial court, whereby the learned Munsif accepted the contention of the plaintiff that the suit on behalf of the deity was maintainable by Sri Raja Ram Singh as shebait or next friend of the deity. Also the plaintiff has filed a petition under Art.226 of the Constitution for quashing the order D/-24-2-1977 passed in revision No.2722 of 1976, Jadunandan v. Thakur Ram Janki, by the Deputy Director of Consolidation, Hamirpur, by means of a writ of certiorari. First, I take up the second appeal for decision and the writ petition will be taken thereafter.

(2.) The plaint case is that defendant 5 got his private temple constructed over the land belonging to him and installed there an idol of Sri Ram, Janki and Lakshman Ji that the temple was constructed by defendant 5 for his own worship; that in this connection he got deeds of endowment registered on 6-8-1956 and on 26-5-1958; that by the said deed he appointed himself as Sarbarakar of the deity for his lifetime and after his death Sri Raja Ram Singh, through whom the instant suit was filed, was to become Sarbarakar; that defendant 5 died in the year 1963 and since then the property was being managed by Sri Raja Ram Singh; that defendants 1 to 4 started interfering with the possession of deity over the suit property and, therefore, the suit was filed on behalf of the deity by Sri Raja Ram Singh, who claimed himself to be the Sarbarakar, praying that a scheme for management of the property of the deity be drawn up to ensure proper management of the suit property.

(3.) The suit was resisted by defendants 1 to 4 on several grounds and one of the grounds was that Sri Raja Ram Singh was not competent to maintain the suit.