KHEKH RAM Vs. YUB RAJ

JUDGEMENT

(1.) Khekh Ram, Appellant/Defendant has laid challenge to the judgment and decree passed by the first appellate Court. The suit filed by the Respondent/Plaintiff was dismissed by the trial Court. The first appeal filed by him stands allowed and this is how the Defendant is in second appeal before this Court. The parties, hereinafter in this judgment shall be referred to as 'Plaintiff and 'Defendant'.

(2.) The dispute pertains to the office of 'Kardar' of Devta Kartik Swami of Simas, Phati Nasogi, Kothi Manali, Tehsil and District Kullu. The Plaintiff has sought a declaration to the effect that he is the 'Kardar' of the Devta and the Defendant, who is his real uncle, be restrained from interfering in his right, title and interest.

(3.) The father of the Plaintiff-Bhag Chand was, admittedly the 'Kardar' of the Devta who died on May 8, 1973. The Plaintiff was born on April 11, 1964 and was a minor at the time of the death of his father. According to the Plaintiff, he was in a legal disability to perform the functions and other rituals connected with the office of 'Kardar' and for that purpose the Defendant who was his real uncle, started managing the affairs on behalf of the Plaintiff and after the Plaintiff having become major, he started managing the affairs and as per 'Wajab-ul-Arz' of the 'lllaqa' as well as under the custom, he being the eldest son alone was entitled for the said office and succeeded to it. Challenge has been further made by the Plaintiff to the entries appearing in the revenue record projecting the Defendant as Kardar' of the Devta. The Plaintiff agitates that these entries have been brought on the surface in a clandestine manner and in collusion with the revenue officials and have no effect on his rights of office. The entries are said to be incorrect.