HARISH CHANDRA Vs. NARAYAN DAS

JUDGEMENT

(1.) The appellant/defendant No.1 has filed the present first appeal against the finding recorded by the learned District Judge while passing the judgment and decree dated 18.9.2000 in Civil Suit No.4-A/1999 (Old No.2-A/1995) .

(2.) Facts, in short, are that the respondent No.1 - Narayandas (since deceased) through legal heirs, being plaintiff filed the civil suit seeking declaration and possession in respect of temple, house and land situated at M.G. Road, Dhar. According to the plaintiff, the temple is situated at M.G. Road over the land bearing Survey No.293 (new No.407) area 9.060 Hect. and land bearing Survey No.228 (new No.229) area 11 Hect and 292 Aare. of Village Jamanda. Out of the aforesaid property, the house is a personal property of Haridas and the temple is not a public temple. He being an adopted son and disciple of Haridas, has inherited the property. After the death of Haridas, his name has been recorded revenue record and he was appointed as 'Pujari' to do the worship and Kaushalyabai was appointed as guardian.

(3.) The present appellant being defendant No.1 filed the written statement by submitting that the temple and the land were the personal property of Haridas and after his death, his widow - Kaushalyabai has inherited the same. She has executed a Will in his favour and because of which, he has become the sole owner of the house, temple and the land. The plaintiff was never the disciple or adopted son of Haridas.