OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants are the plaintiffs, whereas, respondents are the defendants and they will be referred to as such in this judgment. Plaintiff No. 5 is a temple by the name Shri Nandikeshwar Ji and it has sued through plaintiffs No. 1 to 4. On the other hand, defendant No. 1 is the State, defendant No. 2 is the Temple Commissioner and defendants No. 3 to 17 are the Members of the Managing Committee of the temple Shri Chamunda Nandikeshwar.

(2.) The plaintiffs are aggrieved by the impugned decree and judgment dated 5-7-1997 passed by District Judge, Kangra at Dharamshala, whereby their suit for declaration and consequential relief of permanent prohibitory injunction has been dismissed. The plaintiff's claim that plaintiff No. 5, temple Shri Nandikeshwar Ji is their private temple and they being owner in possession of the same and the property attached thereto, the defendants have no right, title and interest in it and the notification No. Bhasha-F (4) 8/92 dated 24-2-1994 whereby the said temple along with temple Shri Chamunda Devi Ji has been included at Sr. No. 19 in Schedule-I of the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 (Act No. 18 of 1984), hereinafter called as the Act No. 18 of 1984, is wrong, illegal and void ab initio and liable to be quashed. The plaintiffs have also prayed that defendants may be restrained from interfering with their ownership and possession of the temple and the property attached thereto, hereinafter called as the suit property.

(3.) The plaintiffs have relied upon the Jamabandi for the year 1991-92 Muhal Paddar, Muza Jadrangal, Tehsil Dharamshala, District Kangra in which suit property, namely, land comprised in Khata No. 287/247, Khatauni Nos. 445, 446, 447, 448, 449, 450, bearing Khasra Nos. 439, 443, 495, 498, 499, 496, 438, 441/1, 497, Kitas 9 measuring 0-66-84 Hects. is recorded in the ownership of plaintiff No. 5, temple Shri Nandikeshwar Ji through plaintiffs No. 1 to 4. According to the plaintiffs, onKhasra No. 439 there is a house and on khasra No. 443 there is a kitchen and these are recorded in the possession of plaintiffs No. 1 to 4 as Mohatmims of temple Shri Nandikeshwar JI. It is further averred that khasra Nos. 495, 498 and 499 are recorded to be in possession of plaintiffs No. 1 and 2 in equal shares and khasra No. 496 is recorded in possession of plaintiffs No. 3 and 4 in equal shares. This land was granted as MUAFI to the ancestors of plaintiffs no. 1 to 4, who were rendering POOJA in temple Shri Nandikeshwar Ji. It is also averred that on khasra No. 496 plaintiffs No. 3 and 4 have got their shop on a land measuring 0-03-00 Hects. from which they are earning their livelihood and if the suit property is taken over by the defendants in pursuance to notification dated 24-2-1994, the plaintiffs would be deprived of not only their residence and lands but also their livelihood and that too without following the procedure laid down under the law. Khasra No. 439 is recorded as GAIR MUMKIN temple and in possession of AHLE-HABNUD (burial ground), whereas, khasra No. 497 is recorded as a public path. In the temple situated in khasra No. 438 the deity of Lord Shiva is installed by the predecessors-in-interest of the plaintiffs, who being Gosains believed in the supremacy of Lord Shiva and were followers of Lord Shiva and the plaintiffs being in their line of descendants are also worshippers of Lord Shiva and continue to be the owners in possession of the temple and the other suit property attached to it and enjoying its usufruct.