BHAGAUTI PRASAD KHETAN Vs. LAXMINATHJI MAHARAJ

JUDGEMENT

(1.) These two connected appeals are against the judgment and decree dt. 25-10-1977 passed in O.S.No. 27 of 1964 by Civil Judge, Deoria

(2.) The deity Laxminathji Maharaj, plaintiff No. 1 was enshrined in a temple of Ram Karan Das situated at Kasalu Jhunjhunu, district Jhunjhunu, State Rajasthan. Ram Bilas was son of Ram Karan Das. Ram Bilas and his five sons Liladhar, Basant Lal, Munna Lal, Chiranji Lal and Madan Lal and three minor grandsons Radha Ballabh, Bhagauti Prasad (deft. 1 and appellant of F.A. No. 52 of 1978) and Chandi Prasad through their guardians dedicated to the deity considerable properties situated at Deoria Uttar Pradesh and various other places, detailed in schedule A at the foot of the plaint by executing a deed of endowment on 1-2-1919. Ram Bilas managed the dedicated properties and affairs of the temple till his death in the year 1936. The following pedigree discloses relationship of Ram Bilas with the defendants first and fifth sets :

(3.) There are five sets of defendants. Bhagauti Prasad Khetan and 7 others constitute first set of the defendants. They along with defendants 13 to 17 are the descendants of Ram Bilas. Purshottam Das, defendant 9, Radhey Shyam, defendant No. 10 and Chandi Prasad Rao defendant 10A are defendants 2nd set. Purshottam Das and Radhey Shyam defendants 9 and 10 purchased one dedicated house at Deoria for Rs. 10,000/- and obtained a sale deed dt. 1-9-1964/18-9-1964. The suit was originally filed in connection with that sale deed. During pendency of the suit Chandi Prasad purchased another dedicated house situated at Deoria by obtaining sale deed dt. 21-6-1965 for Rs. 5,500/-. He was therefore, subsequently impleaded as defendant 10A. These two houses are given in Schedule B annexed to the plaint. The two sale deeds were challenged in the suit on various grounds. The defendants Gajanand and 3 others constitute 3rd set. They are tenants of the house transferred to the defendants 2nd set. Narain Das defendant 13 has been described as defendant 4th set. He has been impleaded in the suit on the allegation that he is general attorney of Bhagauti Prasad Khetan defendant 1 and he is assisting Bhagauti Prasad Khetan in transferring endowed properties. The defendants 14 to 20 constitute 5th set. Smt Sushila Bai, Smt. Satya Bhama Bai and Smt. Ratna Devi defendants 14 to 16 are grand daughters of Ram Bilas and Smt. Ram Devi defendant 17 is widow of Chiranji Lal, one of the sons of Ram Bilas. It appears that they have been impleaded because they were parties to the litigation which went up to Rajasthan High Court and was finally decided by compromise dt. 31-3-1961. Ram Niwas Sultaniwala, Bhagirath Mal Banka and Beni Prasad defendants 18 to 20 were connected with the management of the endowment for some time.