ANANDILAL & ORS. Vs. PRAKASH BHARTIYA

JUDGEMENT

(1.) This appeal is against the order dated 5th May, 1987 passed by the Court of District Judge, Sagar granting injunction in favour of the respondent-plaintiff, restraining the appellants from interfering with the possession of the plaintiff to the suit properly. The order also contains injunction in the mandatory form, directing the defendants to remove the flag put on the building and the words inscribed thereon showing it to be the trust-property.

(2.) The short facts necessary for deciding the question of injunction are: Halkulal Singhai possessed the suit property, which is a residential building at village Shahpur, District Sagar. He also happened to be a Muhattamkar of Parshwanath Digambar Temple, Shahpur. The plaintiff claimed title to the suit-property on the basis of a registered sale deed dated 22.2.1971 executed by Halkulal Singhai in his favour.

(3.) The defendants' case is that Halkulal in his lifetime, in a meeting, had expressed intention to declare the said property as dedicated to the public trust, i.e. Parshwanath Digambar Jain Temple. This declaration was made in a meeting in which the defendants were present on 15.6.1965 and they were constituted as trustees of the said trust. The suit filed by the plaintiff on the basis of the sale deed is to restrain the defendants from interfering with the suit property, which is claimed as an exclusive properly of the plaintiff-purchaser.