BABU LAL Vs. ARUN KUMAR BOSH

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) In original suit no. 1038/1998 (Arun Kumar Bosh and others Vs. Babu Lal), it was pleaded that in a part of house no. B-20/105, Mohalla Bhelupur, Varanasi, a temple of Lord Shiva is established, which is the property of Deity. Earlier owner of this property was Smt. Kishori Mani Dasi, who had created a trust of said property of deity. The plaintiffs of the suit are trustees of said trust. The plaintiffs-trustees had executed a registered power of attorney dated 19.6.1996 in favour of Smt. Shanti Rani Bosh (plaintiff no.-7). In said temple of Lord Shiva, the Lalta Prasad was appointed as priest who was permitted to reside in one room adjacent to temple. After the death of Lalta Prasad, his son defendant Babu Lal had started working as priest of the temple. But for some time unwarranted activities have been started which is causing loss to the prestige and piousness of temple, therefore the plaintiffs had cancelled the permission and license of defendant to reside in said temple and work as priest of temple. Then in spite of notice given by plaintiffs, defendant had not evicted the said room detailed in the plaint; therefore the plaintiffs had filed suit for eviction of defendant and for permanent injunction restraining defendant not to interfere in property and the activities of temple either directly or through any other person.

(3.) In his written-statement before the trial court, the defendant had admitted that disputed property belonged to temple of Lord Shiva and trust. He further submitted that he is working as priest in said temple and residing in disputed room with his family. The plaintiffs had tried to take possession of said house, then defendant had filed original suit no. 1038 of 1998, and as such, plaintiffs' suit is liable to be dismissed.