PURSHOTAM RAM Vs. DEVTA TRIJUGI NARAIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order passed by the learned District Judge, Kullu on 2.6.2015, whereby he dismissed the application filed by the petitioners for passing appropriate orders.

(2.) The factual matrix giving rise to this application is that Devta 'Shree Trijugi Naraya Ji', a Hindu deity, having its abode in village Diar of District Kullu, was owning lands in Kothi Bhallan Chune Ram, the father of defendants-petitioners was Kardar of the deity. He executed a permanent lease on nominal lease money, in favour of his own sons, i.e. defendants-petitioners. The deity filed suit through Sh.Jai Chand, next friend and challenged the lease on the ground that the Kardar acted contrary to the interest of the deity, and it was, therefore, not binding on the deity.

(3.) The petitioners-defendants contested the suit on the ground that the money was required for the construction of temple, as such, the Kardar, their father, validly executed lease deed to raise money.