MURTI CHATURBHUJ MAHARAJ Vs. GOVINDLAL

JUDGEMENT

(1.) L . This appeal has been preferred by the plaintiffs against the dismissal of their suit for a declaration that the properties described in paras 3 and 7 of the plaint belong to the plaintiff No.1, namely the idol of Shri Chaturbhuj; that defendant had no personal right to or interest in the suit property, that the defendant respondent No.1 was a mere purjari of the plaintiff idol and in the capacity of a pujari was bound to work under the control of the plaintiff No.2 Shri Rao Chaturbhuj and the remaining defendants.

(2.) THE defendant No.1 objected inter alia that the suit was unmaintainable on account of non -compliance with the provisions of S.92 of the Code or Civil Procedure. This contention was upheld by the trial Court.

(3.) WE are of the opinion that the present suit, in so far as it relates to the claim for a declaration that the properties mentioned in paras 3 and 7 of the plaint belong to the plaintiff No.1, and that defendant No. 1 has no personal right, title or interest therein, is dearly maintainable. We would, therefore, order that the plaintiffs should be all owed to amend their paint so as to confine their suit to the aforesaid reliefs only. They shall delete from the plaint all other matters pertaining to the administration of the trust.