GAFFAR MASIH Vs. MOHAN LAL

JUDGEMENT

(1.) THIS civil second appeal is directed against the judgment and decree of the learned District Judge, Jammu dated: 25 -1 -1977, dismissing the defendants appeal and affirming the judgment and decree of the learned Sub Judge, Jammu dated: 31 -12 -1973, whereby he had decreed the suit of the plaintiffs. The respondents herein were the plaintiffs in the suit which they filed in the trial court in a representative capacity against the appellants herein, who were defendants in a representative capacity in the said suit, for declaration that the Devasthan, known as, Balmiki Devasthan, situate at Residency Road, Jammu is a Hindu Devasthan and the property appurtenant thereto, also belongs to Hindus and that the Christian have no right of worship in the said Devasthan and nor any right in the said property, with a consequential relief that they be restrained from realising the compensation amount of Rs. 38 -971 -20 from the Collector, Jammu which has been apportioned to them in lieu of a part of the property.

(2.) THE defendants have resisted the suit. In their written statement, they have contended that the suit property belongs to Christians and not to Hindus.

(3.) THE learned trial court framed the following issues in the case: - 1) Whether the Hindus and Balmeekis are the owners of the suit property? O. P. P. 2) Whether the Hindus and Balmeekis are entitled to receive the compensation of Rs. 38,971.20 ? O. P. P. 3) relief.