MAHANT SHRI TRILOK DAS GURU Vs. SITA BAI

JUDGEMENT

(1.) THE defendant No. 4 has filed this appeal against the judgment and decree passed in Civil Appeal No. 20-A/2004 reversing the judgment and decree passed in Civil Suit No. 61 -A/03. The appeal was admitted for hearing vide order dated 3.2.2006 on the following substantial question of law :

(2.) THE plaintiffs/respondents No. 1 and 2 filed a suit for declaration and permanent injunction. They pleaded that their forefathers were working in the temple named as Shri Ram Mandir situated at Mandow and they used to clean the temple and performed other duties at the temple. A land of 5 bighas hereinafter called as suit land was granted to them as lease by Ramnarayan Dasji Mahant through Bhudan Yag Samiti. The lease was granted to the father of the plaintiff No. 1 since, then the plaintiffs have been in possession over the suit land. The defendants No. 1,2 and 3 issued a notification with regard to auction of the land and the name of the defendant No. 1 has been recorded as the owner of she land.

(3.) THE trial Court after appreciation of evidence has held that Mahant Shri Ram Narayan Dasji was the Pujari of the temple and the land was recorded in the name of the temple. Hence, he had no right to grant lease or consent for grant of lease in favour of the plaintiffs. Consequently, the plaintiffs did not get any ownership right on the basis of the lease which was void-ab-initio and dismissed the suit.