RANDHIR SINGH & OTHERS Vs. GOPAL KRISHAN

JUDGEMENT

(1.) This appeal is directed against the judgment, decree dated 23.01.2013 passed by learned Additional District Judge (Fast Track Court), Una, in Civil Appeal No.58 of 2010 affirming judgment, decree dated 09.04.2010 passed by learned Civil Judge (Junior Division), Court No.III, Una, in C.S. No.RBT-126/04/03.

(2.) The facts, in brief, are that appellants had filed a suit for declaration that they are owners-in-possession of land measuring 2-17- 14 hectares in Village Pandoga, more specifically described in the plaint. The revenue entries of the suit land in the name of respondent as 'Mohatmin' are illegal, null and void and not binding upon the rights, title and interest of the appellants. The appellants in the alternative prayed possession also.

(3.) The further case of the appellants is that other co-owners have not been impleaded in the suit as their interest is common with the appellants and the suit has been filed for their benefit also. In the year 1929, the grant was made in the name of 'Mandir Shivalai' under the management of Bam Dev, predecessor-in-interest, of the respondent, who left and abandoned the management of the temple due to oldage. The property has deteriorated and damaged. The proprietary body of the village has constituted a committee to manage the affairs of the temple and a 'Pujari' has been appointed.