(1.) Being aggrieved by the judgment and decree dated 12/9/1991 passed by Additional District Judge to the Court of District Judge, Hoshangabad, sitting at Harda, in Civil Suit No. 26A/1977, appellant/defendant has preferred this appeal under Section 96 of the Code of Civil Procedure.
(2.) Plaintiff/Respondent No.1 filed a suit for possession of disputed agricultural lands and houses, for damages and permanent injunction. It is pleaded that late Mahant Shaligramdas was his Guru and was having agricultural lands and houses as mentioned in the schedule of the plaint. It is undisputed that Mahant Shaligramdas was died on 5.2.1977. It is also pleaded that on 10.6.1973 at Bhadugaon late Mahant Shaligramdas orally selected the plaintiff as 'Patt' disciple and successor of him and after selection plaintiff started managing the property. It is further pleaded that late Mahant Shaligramdas by an application dated 26.4.1976 relinquished all his rights, interests and titles in favour of the plaintiff, thereby he was declared successor of late Mahant Shaligramdas. This document was executed before the witnesses. It is further pleaded that the application dated 26.4.1976 was filed before the Naib Tahsildar, Harda for recording the name of plaintiff as jointly in the Revenue Records and in this way during the life time of Mahant Shaligramdas, plaintiff started managing the properties as owner but after the death of Mahant Shaligramdas, defendant started interference and dispossessed him on 9.3.1977 and taken illegal possession of the property, therefore he filed the suit.
(3.) Case of appellant/defendant before the trial Court was that Mahant Shaligramdas did not have any personal property like agricultural lands or houses as pleaded by the respondent no.1/plaintiff. According to the defendant, all properties were the Trust property and belonging to the Trust, named as Ram Janki Mandir Public Trust, which was registered on 7.2.1955. It is further pleaded that Mahant Shaligramdas was a trustee and party to the proceedings for registration of the Public Trust. It is further pleaded that the order of registration of Trust was not challenged within six months, therefore, entries of registration become final. The suit filed after 22 years, is barred by limitation. It is denied that plaintiff was selected as disciple of Mahant Shaligramdas and pleaded that on 17.2.1977 all saints, Mahants, disciples and decided that till the Kumbh fare of Nashik, the Trust property will be managed jointly by Ayodhyadas, Padumdas, Omkardas, Radheshyam and Narsinghji. Ayodhyadas was made working Mahant. An agreement dated 17.2.1977 was written and signed by all concerned including respondent No.1/plaintiff Omkardas. It is also pleaded that respondent No.1/ plaintiff Omkardas was having a family, therefore, he was not entitled to be selected as Mahant. On the basis of aforesaid pleading, they pray for dismissal of the suit.