RAM DHANI TIWARI Vs. RAMPUKAR TIWARY

JUDGEMENT

(1.) The defendants-respondents-appellants have filed this Second Appeal against the judgment and decree dated 22.07.1989 whereby the Lower Appellate Court allowed the appeal and set aside the judgment and decree of the trial court dated 29.03.1988 passed by Munsif, Bhabhua in Title Suit No.32 of 1983.

(2.) The plaintiffs-respondents filed the aforesaid suit praying for removal of the present Mutwali and appointing him as Mutwali and he be given power to nominate 4 members of the Managing Committee alleging that Mostt. Bageshwar Kuer constructed a temple and installed the deities of Ramjanki and others and for their maintenance executed a deed of endowment in respect of 7-8 acres cultivable lands along with house in favour of deities. During her lifetime, she was Mutwali and after her death, Ambika Tiwari and 7 other persons were appointed as members of the Managing Committee as desired by her in the endowment. A title suit was filed being title suit No.45 of 1954 wherein a compromise was arrived at and according to the compromise, Ramnaresh Tiwari and Ramdhani Tiwari were appointed as members of Managing Committee and Ambika Tiwari was made an ordinary member. It was decided in the said compromise that after the death of Bageshwar Kuer, Mutwali would be appointed by majority of the Committee. Ramdhani Tiwari, defendant-appellant mismanaged the properties and did not maintain the accounts and many members of the committee have died. The plaintiffs being descendants of Mostt. Bageshwar Kuer may be appointed as Mutwali after removing the present Mutwali i.e. defendant-appellant. Hence, the suit was filed for the aforesaid relief.

(3.) The defendants filed contesting written statement alleging that the Managing Committee was managing the affairs of the temple. Ambika Tiwari was maintaining the accounts on behalf of the Committee. Shyamnarayan Tiwari, the son of Ambika Tiwari was appointed as Mutwali by the Managing Committee. The defendant no.2 is nearest descendant of Mostt. Bageshwar Kuer and the plaintiff is nobody to file the suit.