MAHAJAN MAHTO Vs. GOPI NATH JEE

JUDGEMENT

(1.) Defendants are appellants in this second appeal. The plaintiff-respondents filed the suit in question for declaration of their title and recovery of possession of the suit lands on the ground that the Shebait had no authority to exchange the lands which belonged to the plaintiff-deity, with the lands belonging to the defendant-appellants.

(2.) According to the plaintiffs one Mukund Lal had dedicated the lands, which are the subject matter of controversy, along with other lands to the deity Shri Gopi Nath Jee, plaintiff 1. Said Mukund Lal used to look after the management of Shri Gopi Nath Jee's properties. After his death, according to the plaintiffs, plaintiff 2 was looking after the management of the properties. It is the case of the plaintiffs that one Ramdeo Singh, claiming to be the Shebait, executed deeds of exchange in favour of the defendants on 9-9-1960 and 6-10-1960 transferring the lands in question to the defendants in exchange of lands conveyed by them in favour of the deity, which, according to the plaintiffs, are sham, collusive and illegal.

(3.) The defendants contested the said suit. According to them, after the death of Mukund Lal, Ramdeo Singh aforesaid became the Shebait of the Thakurbari and he had exchanged the lands in question taking the interest of the deity into consideration. The claim of plaintiff 2 being the Shebait was also resisted saying that he was a mere Pujari of the temple.