RAJESHWAR OJHA Vs. MOST KUSUMI KUER

JUDGEMENT

(1.) Taking exception to the judgment and decree dated 27.04.1977 in favour of the plaintiff by the court of Additional Sub - Judge - 4, East Champaran in T.S. No. 371 of 1969/36 of 1977, the defendant 1st set have filed this appeal.

(2.) The aforesaid suit was filed by the plaintiff for declaration of his title and possession over the suit land. The plaintiff also claimed mesne profits from the date of his dispossession.

(3.) As the factual matrix would unveil, the suit land admittedly belonged to the plaintiff and his brother Bijali Ojha. It is however, the case of the plaintiff that although he and his brother (now deceased) executed a registered deed of endowment (Samarpannama) on 12.10.1950 dedicating the suit property in favour of the deity Shri Gopal Ji @ Radha Krishana Ji installed in Hathilwa Math, appointing Sri Ram Swaroop Das, the Mahanth of the Math, as Mutawali, for the maintenance and Ragbhog of the said deity but the said dedication was not accepted by the Mahanth Sri Ram Swaroop Das and the deed was returned by him after endorsing the refusal on the same. It is the case of the plaintiff that the endowment, as such, remained ineffective and inoperative and the plaintiff and his brother continued in possession of the suit property under dedication as title holder thereof. The plaintiff has also stated that the deed of cancellnama was also executed on 23.07.1966 in order to avoid future complication, whereby after stating the relevant facts, the endowment deed was cancelled. The plaintiff has however alleged that the defendant 1st set with malafide intention obtained three sale deeds dated 21.11.1966, for the suit land in collusion with Brij Kishore Das who was the Gurubhai of the present Mahanth defendant no. 4 and on the strength of the said sale deeds, the defendants forcibly dispossessed the plaintiff on 27.04.1967 from the said land.