RAMKRISHNA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Instant appeal under Sec. 96 of the Code of Civil Procedure, 1908 has been preferred against the judgment and decree dtd. 30/11/2001 passed by the XII Additional District Judge, Gwalior in Civil Suit No.30-A/2001 whereby the suit preferred by the appellant/plaintiff has been dismissed.

(2.) Facts in brief for adjudication are that suit for declaration and permanent injunction was filed by the appellant as plaintiff against the respondents/defendants with the pleadings that property by way of house situate at house No.39/720 Jiwaji Chowk, Bada Lashkar District Gwalior is his ancestral property in which deities Shri Hanuman Ji, Shri Ram Janki Ji and Shri Mahadev Ji were installed and anointed by his ancestors. House was constructed around 200 years back and thereafter these deities were established by his ancestors while bringing the statues from Rajasthan. This temple is their personal temple and since inception they are taking care of the temple and whole management of the temple is being undertaken by the plaintiff. Prior to him, his ancestors were managing the temple by their own funds and time to time constructions of different nature were raised by the plaintiff and his ancestors. All festivals were being organized by the plaintiff and earlier to him their ancestors.

(3.) As pleaded, plaintiff's ancestor Mangilal was managing the temple (and the property) as owner of the property and thereafter his son Keshavdev took the responsibility. After his death his brother Ramswaroop, who was father of plaintiff was involved in maintenance of temple and offering Pooja to the deities.