DUTTGIR MAHANT Vs. RISHI RAM

JUDGEMENT

(1.) Dutt Gir, defendant No. 3/appellant (hereinafter defendant No. 3) has come up in regular second appeal against the judgement and decree of the first appellate Court affirming on appeal those of the trial Judge passing a preliminary decree in favour. of the plaintiff-respondents Nos. 1 to 4 (hereinafter the plaintiffs) for appointment of fresh trustees for proper management of the properties of the Dera known as Assan Tirath Ram Saran at village Danoda Kalan, Tehsil Narwana (hereinafter the Dera).

(2.) Facts first : The plaintiffs filed a suit purporting to be under Section 92 of the Code of Civil Procedure for removal of defendants, namely, Tek Ram, Avadh Puri and Datt Gir Chela Diwangir, from the trusteeship of the Dera and for appointment of new trustees for the administration of the property of the Dera. The Dera is a religious institution where persons belonging to religious communities come for worship. Ahitpuri was last Mohant/Mohtmim, who died about 4/5 years prior to the institution of the suit. Agricultural land measuring 26 1/2 acres is attached to the Dera. The dispute between Avadh Puri and Datt Gir, defendants Nos. 2 and 3, led to initiation of the proceedings under Sections 144 and 145, Criminal Procedure Code. The property of the Dera was attached and the same is in possession of the Receiver. A Panchayat of 52 surrounding villages met under the Presidentship of Tek Ram, defendant No. l, at village Danoda Kalan and passed a resolution for removal of defendants Nos. 1, 2 and 3 from the trusteeship of the Dera and appointment of fresh trustees for proper administration of the Dera properties.

(3.) Joint written statement was filed on behalf of Avadhpuri and Datt Gir, defendants Nos. 2 and 3. They were represented by one counsel. Defendant No. 1 did not contest the suit and he was proceeded ex parte. The counsel, who had put in appearance on behalf of Avadhpuri and Datt Gir, stated before the trial Judge that he was contesting the suit only on behalf of defendant No. 3. Defence to the suit was only offered by defendant No. 3, who is the appellant in this regular second appeal. He denied the allegations made in the plaint and stated that Ahitpuri was the previous Mahant/Mohtmim of the Dera and after his death, he was appointed as the Mahant of the Dera.