SWAMI SHAYAM BHARTI Vs. GENERAL PUBLIC AND OTHERS

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for declaration, as well as for, rendition of a decree for permanent prohibitory injunction qua the suit khasra number(s) , was, hence dismissed.

(2.) Briefly stated the facts of the case are that one K.N. Rama Nand was the owner of the suit property. The property was gifted to him long back during the year 1929-30. He constructed a Kutia thereon . He died issueless. The plaintiff was his follower and disciple and was following the religious order to which K.N. Rama Nand belonged and as per the provisions of Hindu Law has succeeded to his estate. Entries even after the death of K.N. Rama Nand continued in his name. After the death of Rama Nand, plaintiff constructed flus latrine, soakage pit, water tank and a room on the suit land. He planted some fruit trees, near 'Samadhi' of K.N. Rama Nand. The langer is also held on Baishakhi day in the memory of said K.N. Rama Nand. The plantiff being the only disciple and in possession of the property of K.N. Rama Nand has succeeded to the same. The defendants tried to forcibly occupy the suit property. Hence, the suit for declaration of his title and injunction. In alternative plea of ownership by adverse possession was also raised.

(3.) None appeared for general public. However, defendants No.2 and 3 contested the suit and filed written statement, wherein, they have denied that the plaintiff was a disciple of K.N. Rama Nand. Existence of Kutia was admitted but it was stated that the same was constructed by people of Pajo, Ser and Patrar. It is pleaded that plaintiff never remained in possession of the suit property. In fact, after the death of K.N. Rama Nand, the suit property did not remain in possession of any specific person. Rather it remained in the management of Mela Committee. The defendants denied that the plaintiff was a 'Sanyasi. They pleaded that he was posing as Sanyasi only in order to grab the suit property.