MANGAL DAS Vs. JOHRI

JUDGEMENT

(1.) THIS is a regular second appeal filed by the plaintiff-appellant whose suit for declaration and consequential relief of possession, was dismissed by the trial court, holding that it was barred by the principle of res-judicata and the verdict of dismissal was upheld by the District Judge, in first appeal.

(2.) FACTS of the case, in a nut-shell, are that Mangal Das appellant had filed the suit, averring that he is Mohatmim of Mandir Thakur Ji Maharaj, which is 'dohlidar' of the suit land, measuring 10 kanals 4 marlas and detailed in para No. 1 of the plaint. The 'dohli' was created by Ishwar etc., for meeting out the expenses of services of the Thakur Ji Maharaj and he used to cultivate this land as Mohatmim of the Mandir. But, as in the revenue record, name of Mohar Singh, father of the defendant-respondent, who had died long back viz. about 10 years prior to the filing of the suit was being shown in the column of cultivation as Gair-Maurusi, without payment of any rent, occasion for filing the suit arose.

(3.) ON completion of trial, all the issues were decided against the appellant and in favour of the respondent, and the suit was dismissed.