JAGANNATH Vs. TULSIRAM

JUDGEMENT

(1.) THIS is an appeal by the defendant Idol Shri Satyanarainji through the Panchas of the Kalal community, Bundi against the judgment of the Civil Judge, Bundi setting aside the dismissal of the suit of the plaintiff-respondent Tulsiram by the Munsiff, Bundi and remanding the case for trial on merits.

(2.) THE facts leading to this appeal are these: One Mst. Shiv Kanwari, who was defendant No. 11 in the plaint initially filed by the respondent Tulsiram, was previously married to one Mangilal of Thikarda. After Mangilal's death, she contracted a second marriage with one Gopilal who was the brother of the respondent Tulsiram. Subsequent to the death of Gopilal, on 19. 11. 55, Mst. Shiv Kanwari executed a deed of gift in respect of a house in favour of the panchas of Kalal community of Bundi for being converted into a temple and installation of the idol of Sri Satyanarainji therein. In the gift deed it was recited that the house had been built by her with the money which she had inherited from her first husband Mangilal and that the property was her absolute property.

(3.) IN the light of the fore-going discussions, I have no doubt that the decision of the lower appellate court is based upon a correct view of law and is fully justified. The appeal has no merits and is consequently dismissed. IN the circumstances of the case, the parties are left to bear their own costs in this Court. .