GAJENDRA RAO Vs. MURTI SHRI GANPATI JI MAHARAJ

JUDGEMENT

(1.) This second appeal has been filed by the L.Rs. of first defendant Narayan Rao assailing the judgment and decree passed by the two Courts below.

(2.) More than 43 years ago on 17.7.1968, a suit for declaration of ownership of the house in question, the description whereof is mentioned in the plaint and which is the subject matter of the suit, was filed by deity Shri Ganpati Ji Maharaj installed in Shri Ganpati Mandir Nathu Shinde, Darjee Oli Gwalior through Ganpat Rao and a declaratory decree has been sought to declare plaintiff as the sole owner of the suit property with a consequential relief that the possession of the said property be also delivered to plaintiff from the defendants and further a decree of injunction be passed against them that they should not interfere in the possession of plaintiff. The present suit has been filed by deity Shri Ganpati Ji Maharaj through one Ganpat Rao who is now dead and whose L.Rs. are respondents 3 and 4(i) to (vi). The suit was originally filed against two defendants, namely Narayan Rao and Ramchandra Rao. During the pendency of the suit first defendant Narayan Rao had died and his L.Rs. were brought on record in the Trial Court. During the pendency of this second appeal, second defendant Ramchandra Rao had also died and his L.Rs. have been brought on record.

(3.) Briefly stated the suit of the plaintiff is that near about in Samvat 1918 (corresponding year 1861) one Nathu Shinde, who was the predecessor of the parties, installed an idol of Shri Ganpati Ji Maharaj in his house, and thereafter prayed in the Huzoor Darbar of erstwhile Gwalior State to sanction the Nemnook (cash grant) in his favour and further requested to mutate his name in the Muafi register of Gwalior State. Thereafter, religious programmes were started in the said temple and on being invited by Nathu Shinde, public at large also started coming in the temple and also started to participate in the religious functions. The Seva and Puja of the temple was being performed by Nathu Shinde himself and his heirs. Said Nathu Shinde expired in Samvat 1940 (corresponding year 1883) and in his place, the names of his sons Ramrao and Krishnarao were mutated in the Muafi department of Gwalior State.