MANDIR SHRI RAM CHANDER JI Vs. SATISH KUMAR

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit has been partly decreed by both the courts below.

(2.) Mandir Shri Ram Chander Ji, Bhatinda, through its Receiver Sh. Manohar Lal Gupta, Advocate, filed the present suit against Satish Kumar and Gobind Ram defendants for declaration to the effect that the deity of Shri Ram Chander Ji installed in Mandir Shri Ram Chander Ji, Bhatinda, is the owner of the land measuring 3 bighas and 10 biswas and for possession by way of consequential relief along with future rents at the rate of Rs. 150/- per annum. It was pleaded that defendant No. 2 Gobind Ram was one of the trustees/manager. He, on 5th November, 1979, illegally and improperly alienated the suit land in favour of defendant No. 1 Satish Kumar which belonged to the deity plaintiff. According to the plaintiff the said alienation is illegal, null and void and not binding on the deity. Moreover, the said alienation was not made for the benefit or interest of the trust and the deity but it was made for his own selfish ends; that the alienation was made by defendant No. 2 without adequate consideration and that the alienation was made in a clandestine manner which was determinal to the interest of the plaintiff deity.

(3.) Defendant No. 1 the lessee never contested the suit. It was Gobind Ram defendant No. 3 who filed the written statement and contested the suit. According to him the plaintiff was not the owner of the suit land and it belonged to him, as it has been inherited by him from his ancestral long ago and the plaintiff had no concern nor the property in question is a trust property. He leased out the suit land for an adequate amount and thus the lease was rightly created in favour of Satish Kumar.