BHAGWANDAS Vs. BABULAL

JUDGEMENT

(1.) This appeal has been filed by the appellant/defendant being aggrieved by the judgment and decree dated 4.11.1996 passed by the Fourth Additional Judge to the Court of District Judge, Sagar in Civil Appeal No.10-A/96 whereby the judgment and decree dated 18.01.1996 passed by the Second Civil Judge Class-I, Sagar, in Civil Suit No.72-A/1994 has been set aside and the suit filed by the respondent/plaintiffs has been decreed.

(2.) The brief facts, leading to the filing of the present appeal are that the respondent/plaintiffs filed a suit on 5.12.1980 praying for declaring the Ichha Patra/Will dated 3.11.1980 executed by Kanhaiyalal as null and void and not binding upon the plaintiffs and for mandatory injunction to the effect that the deceased respondent no.1 Babulal be declared as 'Mohatamkar' i.e. the Manager of Dev Janki Raman Mandir situated in village Khiriya as well as the Manager of the attached land namely, Khasra Nos.183, 191 and 193 total area 12.07 acres of village Khiriya, Tehsil and District Sagar.

(3.) The suit filed by the respondent/plaintiffs was dismissed by the trial court by recording a finding to the effect that there was no such custom and, therefore, no fault could be found with the Ichha Patra/Will dated 3.11.1980 appointing Bhagwandas as 'Mohatamkar'/Manager of the Dev Janki Raman Mandir.