BHANWARSINGH Vs. BALAJI SWAMI TEMPLE OF DEORI

JUDGEMENT

(1.) THIS is an appeal by the defendants against the decree for possession.

(2.) THE fields in suit formed sir of the plaintiff -respondent, Shri Balaji Swami Temple which was muafidar Gaontia of the village. Although the word 'temple' is used in the designation, the reference is clearly to the idol. The suit was brought on behalf of the deity by Mahant Narsingdas as Sarbarakar. Defendants appellants are the sons of Laharsingh who died on 8th May 194g. He held the fields rent -free in lieu of working as Thakur (Mukaddam). The patio was granted to him in the settlement of 1944 ensuring till 1964: See Ex. D -1. On his death, the defendants took possession of the fields. The suit was accordingly filed for their ejectment.

(3.) THE suit is governed by Qanun Mal of Ranker State within whose area the fields were situate. Section 206 thereof defines the terms 'Chakrandeh' which inter alia included a Thakur or Mukaddam of the village. These persons held the land in lieu of rendering service and were classed as Kashtkar Khidmatideh, vide section 155 read with section 177. Section 221 empowered the Gaontia to enter on the Khidmatideh if the holder thereof transferred it or committed waste. Under section 222, the holder was liable to be ejected from the land on his dismissal. Section 59 (a) provided that the sir land held by a Thakur (Mukaddam) would be part of the sir of the village and belong to the Gaontia. The land classed as Khidmatideh was not liable to be sold by the person holding it (section 178) and he was liable to be ejected therefrom on his dismissal (section 179). It thus appears that sir land held by a Thakur or Mukaddam in lieu of rendering service belonged to the Gaontia and was liable to be held by the Mukaddam only during the tenure of his service.