RATTAN CHAND KARWA Vs. BHAGWAT PARSHAD

JUDGEMENT

(1.) This regular second appeal by the plaintiffs is directed against the judgment and decree of the learned Additional District Judge, Ferozepur, dated January 27, 1972 whereby the judgment of the trial Court was reversed and the suit dismissed.

(2.) The plaintiffs-appellants claiming themselves to be the trustees of the alleged trust known as Ramji Lal Chambali Devi Trust, Ferozepur Cantt. filed a suit for possession of a portion of house No. 68 situate at Ferozepur Cantt. marked as ABCDEF in the plan attached with the plaint and for a declaration that they were entitled to receive rent from Raghbir Chand respecting the other portion of the house marked as AGEF which was in his possession as a tenant under them. According to the allegations in the plaint, the said trust was created by Smt. Chambali Devi by a written deed dated July 3, 1958, for religious and charitable purposes mentioned therein. Smt. Chambali Devi died on May 7, 1969, and thereafter, defendant Bhagwat Parshad and Ajudhiya Parshad started claiming themselves to be the owners of the said house and wrongfully occupied a part of it described above.

(3.) The suit was contested by the defendants who denied the allegations made in the plaint and pleaded that Smt. Chambali Devi was the owner of one-half of the house only and Ajudhiya Parshad defendant No. 2 was the owner of the other half; that no trust ever came into being and in the alternative that the trust, if any created, had been revoked by Smt. Chambali Devi by means of a deed dated January 1, 1960. On the pleadings of the parties, following issues were framed :-