CHAMPA DEVI Vs. CHOTHMAL

JUDGEMENT

(1.) THESE three appeals arise out of a suit by Chothmal for the framing of a scheme of management of the temple of Shri Baspujiji Maharaj, situated in Khaniyan, Purana Ghat, Jaipur.

(2.) IT is the admitted case of the parties that the temple was founded by Shri Murli-dhar, and the relationship of the parties will be apparent from the following pedigree- Murlidhar Isar Lal Jagannath Johrilal Gokalchand Chauthmal (Plaintiff) Chhotilal (Dfdt. No. 1) Ladhooram (Died issueless ). Bhuramal Prabhu Dayal (Dfdt. No. 2) Gopal Chand (Dfdt. No. 3) (Dfdt. No. 1) Mst. Champa Devi (Dfdt. No. 4 ).

(3.) IN respect of the costs directed to be paid by him also, the same considerations will apply. Whatever the differences were between the parties before they came to court, the parties agreed to settle them up. and it was agreed that some sort of scheme should be settled for the management of the temple. The plaintiff's evidence in respect of the allegations as to mis-management was cut short, and it cannot be said whether he would or would not have been able to prove them if the parties had not thought fit to come to an amicable settlement after they had come to court. IN the circumstances, the plaintiff appellant could not be said to be responsible for the litigation, and the lower court's order that he should pay the costs of the defendant is not justified.