HARI SINGH Vs. BISHANLAL

JUDGEMENT

(1.) The defendants have come up in second appeal against the judgment and decree of the first appellate Court reversing on appeal those of the trial Court and decreeing the suit of the plaintiff-respondents for possession of the disputed land.

(2.) The facts :- Respondents Nos.1 and 2/ plaintiffs filed a suit challenging the alienation of the trust property made by respondents Nos.3 and 4/defendants Nos.1 and 2 (for short the alienors) in favour of defendants Nos.4 and 8/appellants (for short the alienees), inter alia, on the ground that the property was the trust property. A charitable religious trust was created by the Kaisth community of Rohtak for the management, administration and welfare of the temple which is famous by the name of Mandir Chitar Guptji Maharaj. The persons of the Kaisth community and other people worshipped at the temple and made offerings. The plaintiffs are the devotees of the temple and have interest in the temple and the trust property. The predecessors-in-interest of the plaintiffs gifted the property to the temple. Mutation No.405 was sanctioned in favour of the Mandir Chitar Guptji Maharaj on 30-12-1889. The alienors claiming themselves to be the Secretary and the President of trust created for the management of the temple sold the property vide sale deed dated 30-6-1973 in favour of the defendant-alienees. The sale was not in the interest of the temple and was thus, illegal and void. The alienees controverted the pleas of the plaintiffs and alleged that the trust vide resolution dated 28-6-1973 authorised the alienors for transferring the property in dispute in favour of the alienees. The trust was created for the management and administration of the Mandir Chitar Guptji Maharaj.

(3.) On the pleadings of the parties, the following issues were framed :-