SHAMBHUNATH SHARMA Vs. SCINDIA DEVSTHAN TRUST

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff being aggrieved by the judgment dated 1.8.2000 passed by VI Additional District Judge, Gwalior in Civil Suit No. 8 A/92, whereby the Court has dismissed the suit filed by the plaintiff for declaration of title and permanent injunction.

(2.) THE brief facts of the case are that the original plaintiff Shivcharan had filed the civil suit alleging that he is in possession of agricultural land bearing survey No. 573,574,575,772 and 773 having total area of 4 bigha 11 biswa situated in village Aaukhana Kala Gwalior in Patwari Halka No. 40. According to the plaintiff this land was owned by Aukaf department of erstwhile Gwalior State and erstwhile Maharaja has appointed the father of the original plaintiff Liladhar as Pujari of temple Bhuteshwar Mahadev. The said land was attached to the said temple. According to the plaintiff, the plaintiff and his father were cultivating the said land. It is further contended that the plaintiff and his father are in settled possession of the property for more than 70 years. The defendants are forcibly trying to dispossess the plaintiff and hence the present suit was filed for declaration of title and permanent injunction.

(3.) SO far as the declaration of title is concerned, admittedly the plaintiff is in possession of the property as Pujari of temple. The apex Court in the case of Kanchaniya (Mst.) and others v. Shiv Ram and others [1992 RN 194] has held that the Pujari of temple has no title over the property and no Bhumiswami right accrues in his favour. In view of this judgment, the plaintiff is not entitled to get declaration of title of the land and his suit for declaration of title was rightly dismissed by the trial Court.