BARJI Vs. THAKURJI SHRI DWARKADHEESJI

JUDGEMENT

(1.) THESE two civil second appeals have been preferred by legal heirs of defendant No. 2 Ram Dev and defendant No. 1 Gopal Ram respectively against the judgment and decree dated 13. 10. 1999, whereby learned Additional District Judge, Khetri, district Jhunjhunu, affirmed the judgment and decree of eviction passed by Civil Judge, Jhunjhunu on 3. 8. 1992. Cross- objections have been filed by the plaintiff-respondent.

(2.) BRIEFLY narrated the facts are that the plaintiff Thakurji Shri Dwarkadheesji, through Manager Durga Prasad, filed a civil suit on 4. 6. 1960 in the court of Civil Judge, Jhunjhunu, against two defendants Gopal Ram and Ram Dev with the averments that the land measuring 16 Bighas 12 Biswas, bearing various Khasra Numbers, as mentioned in para 1 of the plaint, was given to one Dwarka Prasad an ancestor of Durga Prasad by the then Ruler of Khetri vide Patta (Ex. 34) on Mangsar Budhi 4 Samwat 1907 (Year 1850 ). Dwarka Prasad constructed houses, pond, two wells, temple, garden, the boundary wall and installed the idol of Shri Thakurji Dwarkadishji. This `kund' (pond) is known as `bohra ji Wala Kund' situated in abadi land of town Khetri. Subsequently, this property was donated to the idol of Thakurji by Dwarka Prasad, who himself continued to serve as `sevak' and Manager of Thakurji.

(3.) AFTER remand, the Trial Court recorded the evidence of the parties and vide its judgment dated 30. 9. 1966 decree the plaintiff's suit for ejectment and also granted a decree for damages for use and occupation of the property in dispute at the rate of Rs. 1/- per day from 2. 5. 1960 till delivery of the possession of the property to the plaintiff.