VISHAN SINGH Vs. MANDIR SHRI RAMJNKI JI

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal is by the plaintiffs directed against the judgment and decree dated 24.12.2005 passed by Additional District Judge Mungawali in Civil Appeal No. 32A of 2000 confirming the finding recorded by judgment and decree dated 31.3.2000 passed by Ist Civil Judge Class I Mungawali in Civil Suit No. 8A of 1999 whereby, the suit filed by the plaintiffs seeking declaration of title and permanent injunction has been dismissed.

(3.) DEFENDANTS No. 1 to 8 by filing written statement denied the plaint averments inter alia contending that the land is recorded in the name of Mandir Ramjanki and Hanuman Ji which is Maufi land. Thereupon, public trust has been registered, however, on Maufi land, the provisions of Zamindari Abolition Act do not attract and by virtue of adverse possession, title do not accrue to them. In such circumstances, the suit filed by the plaintiffs cannot be decreed. It is further stated that Bhagwati Prasad having no right to sell the property because, his name was recorded as Pujari. Therefore also, on the Maufi land by virtue of the sell deed executed by Bhagwati Prasad, no right accrues to the plaintiffs. Therefore, the suit may be dismissed.