HARI SINGH Vs. LORD SHIVA

JUDGEMENT

(1.) THE present first appeal has been filed by defendant Hari Singh against whom a suit under Section 92 of the Code of Civil Procedure, 1908 (for short, 'the Code') filed by the plaintiff-respondent Nos. 1 to 3 was decreed.

(2.) A suit under Section 92 of the Code was filed by plaintiff-respondent Nos. 1 to 3, namely, Lord Shiv, Dharam Dutt and Sultan (hereinafter referred to as the plaintiffs) for removal of the present defendant-appellant, namely, Hari Singh (hereinafter referred to as the defendant) from the office of Pujari of the temple known as "Shiv Ka Mandir" in village Surehti Jakhar, Tehsil Loharu, District Bhiwani. The plaintiffs pleaded that earlier one Amara Nand alias Amar Nath was discharging the functions of a Pujari of the temple but after his death on the basis of a will executed by him the present defendant, Hari Singh started managing the affairs. According to the plaintiffs, the temple was established by a Philanthropist and was a public property. The Pujari of the temple was appointed by the village proprietary body from amongst the Chelas of the Pujari who might be working as such. The suit was originally filed against Amara Nand but after his death was continued against his Chela Hari Singh i.e. the present defendant. It was stated that the Pujari had been guilty of mal-administration of the rebutter property. According to the plaintiffs, the property of the temple was being wasted and the worshippers were being deprived of their valuable right to worship in the temple. They prayed that the defendant be removed from the office of Pujari and scheme be framed for better management of the temple in question.

(3.) THE learned trial Court framed the following issues: