GAYAHRA RUDRI CHHOTA TALAB Vs. DAYA KISHAN

JUDGEMENT

(1.) The plaintiff- Gayahra Rudri Chhota Talab alias Mandir Mahadev Chhota Talab (for short 'the Mandir') has filed the present appeal through an alleged worshipper Mansa Ram. The suit in question was filed by the plaintiff Mandir through the aforesaid worshipper Mansa Ram. It was claimed that defendant No.2 Indraj son of Lal Chand is in actual possession of the suit property claiming himself to be the tenant of the suit property at the rate of Rs.30 per month and defendant No.1 Daya Kishan claimed to be his landlord. Both the defendants were alleged to have colluded with each other in order to grab the property belonging to the plaintiff. The plaintiff claimed that the property in question belongs to the Mandir and that the defendants have no right to claim any right in the suit property.

(2.) The suit was contested by the defendants. It was claimed by them that a house bearing No. 163/ MCK in Pundri is owned by defendant No.1. The said house is two storied. Defendant No.2 Indraj is in possession of the suit property as a tenant under him since long on a payment of Rs.60 per month on rent and house tax. It was further claimed by the defendants that suit property had devolved upon defendant No.1 from his mother Smt. Kalawati. Ownership of the plaintiff over the property was denied.

(3.) Both the Courts below have found that plaintiff was not shown to be owner of the suit property in any manner. Consequently, the suit filed by the plaintiff was dismissed by the learned trial Court and its appeal failed before the learned first Appellate Court. Besides the fact that findings of fact recorded by the two Courts below are not shown to be erroneous in any manner, it is also clear that the suit has been filed by the plaintiff Mandir through Mansa Ram. No authority has been placed on the record of the learned trial Court or before this Court to show that Mansa Ram had any right to file the suit in question or the present appeal on behalf of the plaintiff Mandir.