BRIJNANDAN MAHASETH Vs. THAKUR RAMCHANDRA

JUDGEMENT

(1.) The Defendant No. 2 has filed this appeal against the judgment and decree dated 17th July 1975 passed by Sri Dawarika Nath Singh, the learned Subordinate Judge, Sitamarhi in Title Suit No. 81 of 1966 / 56 of 1971 decreeing the Plaintiffs-Respondents? suit.

(2.) The Plaintiff-Respondent Nos. 1 to 3 filed aforesaid title suit for declaration of title with respect to the suit property mentioned in Schedule 1 and for declaration that Plaintiff No. 2 is the Shebait and also for setting aside the sale deeds dated 6.8.1963, 12.2.1964, 13.8.1964 and 14.7.1965 executed by Ratan Dai to Defendant Nos. 2 to 9 and by Radhakrishna Agarwal, Defendant No. 11 in favour of Defendant No. 1 and also sale deeds executed by Ram Pukar Rai in favour of Ram Autar Rout, the Defendant No. 10. The Plaintiff also prayed for recovery of possession and mesne profit from 17.12.1965 till recovery of possession.

(3.) Plaintiff No. 1 is the deity. The Plaintiff No. 2 is the Sibatay of Plaintiff No. 1 appointed by Bihar Religious Trust Board, the Plaintiff No. 3. The Plaintiffs filed the aforesaid suit alleging that one Gugal Ram resident of Sri Laxmi Bazar, Sitamarhi installed Plaintiff No. 1 in his residential house and he himself was performing Pooja. He had no issue. Therefore, he along with his wife Ratan Dai dedicated his entire properties detailed in Schedule 1 of the plaint to the Plaintiff No. 1 for the purpose of Pooja, Ragbhog and Samaiya and also for the purpose of service to Sadhu, Fakir and fooding and helping the poors. A deed of Samarpannama was executed by them on 11.6.1944 and the Plaintiff No. 1 was put in possession of the entire properties. By the said Samarpannama dated 11.6.1944 Ext.7 a public trust was created by Gugal Ram and his wife Dulhin Ratan Dai with respect to their entire properties. Five persons were named as trustees to manage the properties after death of Gugal Ram. The trustees were not given any right to transfer the dedicated properties. Gugal Ram acted as Shebait till his death in 1953 and thereafter Ratan Dai acted as Shebait, after her death Radhakrishna Agarwal began to work as Shebait. Thereafter the Plaintiff No. 3 i.e. the Board issued notice to the trustees but they replied that they are not in possession of the property. Thereafter the Board ascertaining the wish of the public and appointed the Plaintiff No. 2 as Shebait.