MANDIR THAKAR DWARA, LALRU Vs. MEHAR SINGH

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Mandir Thakar Dwara, Lalru has filed the present regular second appeal and it has been directed against the judgment and decree dated 28.7.2000 passed by the learned Addl. District Judge, Patiala, who allowed the appeal of the defendant-respondent Mehar Singh by setting aside the judgment and decree dated 10.3.1997 passed by the learned Civil Judge (Junior Division), Rajpura, who decreed the suit of the plaintiff by holding that the lease deed dated 31.3.1981 executed by Tulsi Dass Chela Keso Ram in favour of defendant-respondent vide Wasika No. 1796, Bahi No. 1, is illegal, null and void, without consideration and not for the benefit of the estate of plaintiff Mandir Thakar Dwara and a decree for possession of the suit land was passed in favour of the plaintiff against the defendant.

(2.) THE pleadings of the parties can be summarised in the following manner :-

(3.) THE notice of the suit was given to the defendant. It was contested by him on the ground that plaintiff is not Chela of Tulsi Dass and is also not the Mohtmim of Mandir Thakar Dwara, Lalru. The defendant, however, admits that the suit land is owned by Mandir Thakar Dwara, Lalru. It was also contended by him that the plaintiff is not managing the affairs of Mandir Thakar Dwara, Lalru. He did not become the Mohtmim of Thakar Dwara on the death of Tulsi Dass. Tulsi Dass vide registered lease deed dated 31.3.1981 gave out the suit land to the defendant at the rate of Rs. 25,000/- per annum for 99 years and that the lease deed is legal, correct and valid. It was denied that Tulsi Dass was not competent to lease out the suit land to the defendant. It was prayed by the defendant that the suit of the plaintiff is also not properly valued for the purpose of court fee and jurisdiction and the same may be dismissed.