GAURI SHANKER Vs. TH DASS

JUDGEMENT

(1.) THIS is plaintiffs appeal against the decree passed by a learned Single Judge (Honble Mr. Justice Jaswant Singh) of this Court dated 5th March 1969 whereby he dismissed the suit of the plaintiffs for a declaration that they were the owners in possession to the extent of half of the land measuring 59 kanals 8 marlas comprising Khewat Nos. 58, 59, 60 and 61 situate in village Chahni Mansar, Tehsil Ramnagar; that they were owners of the Kothas standing on the suit land and they were managers of the Thakurdawara Narsingh Ji Maharaja, and for permanent injunction restraining the defendants in interfering with their rights of possession and enjoyment of the land, their right of worship and acting as Managers of the said Thakurdawars.

(2.) THE suit was brought in the name of four plaintiffs viz; Gauri Shanker, Dina Nath, Parmanand and Galdhoo sons of Mansa Ram through Gauri Shanker as a Karta of Hindu Joint Family against Thakur Dass and Durga Dass sons of Bhagat Ram.

(3.) THE defendant No. 1 in his written statement stated that the land and the Kothas mentioned in the plaint are the property of Thakurdawara Narsingh Ji Maharaj and the defendant No. 1 is the legal Mohtamim and is in possession. Plaintiffs 2 and 3 were dead and the suit was not as such maintainable. The plaintiffs had no right over the suit property. The defendant No. 1 has been appointed as the Mohtamim of the temple. Bhagat Ram the father of the defendant 1 was appointed Mohatamim of the temple by order of the Governor Jammu dated 22 -2 -2000 and the plaintiffs did not go in appeal against that order, that order has as such become final. Since then the father of the defendant No. 1 and after him the defendant No. 1 is in possession of this property. Defendant No. 1 was appointed the sole Mohatamim by Bhagat Ram by means of a will dated 27th April. 1965.