AMBRISH KUMAR SINGH Vs. RAJA ABHUSHAN BRAN BRAMHSHAH

JUDGEMENT

(1.) This is defendants' revision arising out of an order dated 12-8-1987 passed by the learned District Judge, Varanasi granting leave under S.92 of the C.P.C. to institute a suit against the applicant.

(2.) On 13-9-1980 Rani Bed Saran Kuari widow of Raja Keshaw Saran Shah executed a deed of endowment whereunder she transferred Taluq Chandauli, Kothi, garden and land to the idols installed in the temple. In order to benefit the ends of her husband and herself she gave a specification of various expenses on the specified objects and further provided that Shivala, as specified in the deed, shall be maintained for ever and that she and heirs and successors of the Agori Barhar Raj will be bound by the same. A copy of the deed has been filed as Annexure-1 along with the counter-affidavit. For the purposes of the present case only paras 6 and 9 are relevant whose English translation is being quoted below : (refer to page 119 of the Paper Book prepared by the High Court in First Appeal : No. 36 of 1943, which was placed before this Court by the counsel for the applicant ).

(3.) Heard Sri Keshri Nath Tripathi, learned counsel for the defendant-applicant and Sri V. P. Misra, learned counsel for the plaintiff-respondent. Sri Tripathi raised the following points : -