BADRI PARSHAD Vs. RAM NIWAS

JUDGEMENT

(1.) THIS is defendant's second appeal filed against the judgments of the learned trial Court dated 2.12.2005 and that of the first appellate Court dated 18.10.2008

(2.) THE plaintiffs/respondents filed a suit against the appellant/defendant and two others pleading that the the appellant is a Dholidar in the suit property. It was pleaded that they are owners of the suit property and that a well and a Dharamshala had been constructed thereon to provide drinking water to general public and for staying of desirous persons in the Dharamshala. It was pleaded that the land and the well was given to the appellant on Dholi and he was required to perform his duties as Dholidar and to carry out the religious functions on the land. The suit land was given to the appellant without any Lagan, Bawaja Punarth. It is further pleaded that since the appellant has failed to perform his duties as Dholidar, therefore, he was entitled to be dispossessed as the purpose of creation of Dholi has been defeated. It was also pleaded that on account of the cessation of the religious activities, the appellant has lost his right to continue in possession of the suit property.

(3.) REPLICATION was also filed by the plaintiffs/respondents denying the plea of tenancy as raised by the defendant/appellant and reiterating the pleas as taken in the plaint.