DIN DIAL Vs. JAIN BANS

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs have filed the present Regular First Appeal and it has been directed against the judgment and decree dated 1.12.1978, passed by the Court of Senior Sub Judge, Hoshiarpur, who dismissed the suit of the plaintiffs-appellants as prayed for.

(2.) BRIEF facts of the case are that the present appellants filed the present suit under Section 92 of the Code of Civil Procedure praying for the reliefs mentioned below :- (a) Defendant No. 1 be removed as trustee of Shiv Mandir Dholbaha, and the property that vests in the Shiv Mandir; (b) A new trustee be appointed in place of defendant No. 1; (c) Defendant No. 1 be directed to render accounts of the income of the trust property and to hand over the income of the trust; (d) Defendant Nos. 1, 2 to 5 be directed to deliver possession of the trust property held by them to the new trustee that may be appointed by the learned counsel; and (e) A scheme be settled for the management and control of the trust property so that the property and its income may be realised, and used for charitable and religious purposes.

(3.) THE case set up by the plaintiffs before the trial Court was that they are the residents of village Dholbaha, Tehsil and District Hoshiarpur and like other lacs of persons are worshippers and Sewaks of temple known as Shiv Mandir, situated in the abadi of village Dholbaha. The aforesaid Shiv Mandir is very old and is of great historical importance. The temple was constructed a number of centuries ago and the rulers for the time being and the other worshippers of the deity in the temple, have been donating land and immovable property to the Mandir for the purpose of charitable and religious nature and the property vests in the temple and the income from the land and the property to be used for religious and charitable purposes. Mahant Kurkshetar Gir was the Mahant and Manager of the Shiv Mandir in question and the entire property owned by Mandir was managed by him as trustee. He used the income for religious and charitable purpose. After the death of Mahant Kurkshetar Gir in the year 1966, a dispute arose between Jai Bans defendant No. 1 and Dev Gir defendant No. 3. Both of them claimed to be Mahants and trustees of the temple. There was litigation between them and unfortunately neither of them cared to manage the temple and the property owned by the Mandir for religious and charitable purposes. Defendant No. 1 claims to be lawful Mahant and trustee of the property attached to it. He does not reside at village Dholbaha and is not managing the property of the Mandir in a faithful manner. He has been getting the income of the land owned by the Mandir but is not utilising the same for religious and charitable purposes. He uses the income for his own purpose. Defendant No. 1 has now started claiming that the entire property attached to the Mandir is his property and he is entitled as owner to use the income for his own purpose and to alienate the property in any manner he likes. He has appointed defendant No. 2 as his Mukhtiar-e-am. So Much so defendant No. 1 has sold 21 Kanals 19 marlas of land bearing khasra number 3252, to defendant Nos. 4 and 5 and has put the vendees in possession of the same. These sales are clearly unlawful and void as defendant No. 1 has no authority in law on any ground to effect the sales which are clearly without consideration and necessity. The Mandir is not bound by the said sales as the land vests in the Mandir. The defendant No. 1 has committed breach of trust and it is necessary for the purposes of the trust to file the suit under Section 92 of the Code of Civil Procedure Code. In these circumstances, it has become necessary to remove defendant No. 1 as trustee and appoint new trustee to vest the land sold to defendants Nos. 4 and 5.