RAJ KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS writ petition is directed against order dated 07.01.2015 passed by the trial court, whereby, the application filed by the petitioner under Order VIII, Rule 9 CPC has been rejected.

(2.) THE petitioner -plaintiff filed a suit for possession and mesne profit against the respondent -defendant; it was claimed in the plaint that the suit property was purchased by late Kedar Bux - grand father of the plaintiff by registered sale deed dated 15.06.1943; in para 4 of the plaint it was claimed that Smt. Anchi Devi - aunty of Kedar Bux was married to Shri Fusaram Choudhary, whose sons were Jeth Mal, Haridwar Mal, Ram Bux etc.; Naurang Ram, Chand Mal, Baijnath, Janki Lal, Premsukh and Bhojraj are sons of Ram Bux; Janki Lal is plaintiff's attorney; Baijnath went in adoption to Jeth Mal and defendant is son of Baijnath; it was claimed that Baijnath repeatedly requested the family members of plaintiff that there was difficulty to the residents of the area for conducting marriages/functions and social programmes and the suit property was lying vacant, which will be taken care of, the house was not habitable and after repairs the same may be given shape of Dharamshala so as put the property to use; as the property was purchased by late Kedar Bux, late Jeth Mal had repeatedly requested him to purchase the property and use the same for religious purposes and, therefore, Kedar Bux purchased the property and decided to use the same for religious purposes; the family members of plaintiff decided that by using the property as Dharamshala, the same could be utilized by the residents of the area and, therefore, for the purpose of use of the property by the residents of the area and for caring, the property was handed over to Baijnath and Baijnath used to look after the said work; after death of Baijnath defendant started looking after the said work and the property continues to be a joint family property; late Baijnath was sent the sale deed and Patta etc. of the property, so that the same may be utilized for creating a religious or social document for use of social and religious purposes and no one else can use the same.

(3.) THE petitioner -plaintiff filed an application under Order VIII, Rule 9 CPC seeking to file replication to para 4 of the written statement.