RAVINDRA OJHA Vs. JASWANT SINGH CHOUDHARY

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 18.7.2014 passed by Additional District Judge No. 2, Kota in Civil Regular Appeal No. 70/2010 confirming the judgment and decree dated 2.9.2010 passed by Civil Judge (Junior Division) South, Kota in Civil Regular Suit No. 150/2004.

(2.) THE short facts of the case are that a suit for mandatory and permanent injunction was filed by the plaintiff with the contention that there is a temple known as Goreshwar Mahadev which is ancient property. The temple was established by the ex -ruler of Kota and Pujari was appointed by the ex -ruler. There is a land surrounding the temple. The forefathers of the appellant used to worship in the temple from last 100 years as Pujari. Earlier Ganesh Lalji was appointed as Pujari, thereafter Nathulalji and thereafter Durgalalji and present appellant was also serving as Pujari with Durgalaji but on 8.4.2004, he has been dispossessed from the temple of the land, hence suit has been filed. The contention of the respondent was that the temple is the private property of the defendant. The plaintiff never remained Pujari there. The property was his Zagir and after resumption of Zagir the Additional Collector, Zagir Kota vide order dated 9.5.97 has declared the property to be the personal property of the defendant. The court below has dismissed the suit and appeal has also been dismissed, hence this second appeal.

(3.) HEARD the learned counsel for the parties and perused the judgments and decree under appeal.