KRISHNAJI MADHAVRAO BHONDE Vs. KESHAV KRISHNA BHONDE

JUDGEMENT

(1.) This is an appeal against a decree dismissing the plaintiff's suit No. 347 of 1928, brought in the Court of the First Class Subordinate Judge at Nasik, for a declaration that the property specified in the plaint belonged to the Shri Krishna Mandir, that defendants Nos. 1 and 2 had no private or personal right over it except that of being pujaris of the mandir, that the alienations made by defendants Nos. 1 and 2 privately or through Court of that property were not legal and valid and binding on the mandir, and that the plaintiff was entitled, therefore, to recover possession of that property.

(2.) There were several defendants to this suit, because the properties which were the subject-matter of the suit had been alienated either by defendant No. 2 or by defendant No. 1, or in execution of decrees against either of them, in favour of several persons who are on record as other defendants.

(3.) Defendant No. 2 is the father of the present plaintiff, apparently living with the plaintiff, the suit having been brought by his wife as next friend of the minor plaintiff, who is stated to be two years old. Defendant No. 2 did not put in any written statement.