HARJI RAM Vs. MANGI LAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 10.05.2016 passed by the Additional District Judge, Bali, District - Pali (Camp Desuri) ('the first appellate court'), whereby the appeal filed by the respondent-Mangi Lal against the judgment & decree dated 05.07.2008 passed by the Civil Judge (Jr. Division), Desuri, District - Pali ('the trial court'), has been allowed and the suit filed by the respondent-plaintiff for declaration and permanent injunction has been decreed.

(2.) The respondent-plaintiff filed a suit for declaration, permanent injunction and accounts on 10.12.2001 against the appellant, his real brother with the averments that their aunt (Bhua) Ansi Bai took Samadhi and the said place, where she took Samadhi is situated at Village - Nadol and known as Ansi Bai Samadhi Sthal. After Samadhi was taken by Ansi Bai, grand-father of the parties Shri Tuaramji started doing Pooja-Archana and used to receive the Chadawa, which was used for maintaining the family and for development of the Samadhi Sthal, after his death, his son/father of the parties Kasaramji started doing the Pooja- Archana and management of the Samadhi Sthal and used the Chadawa for maintenance of the Samadhi Sthal and his family. The plaintiff and defendant are two sons of Kasaramji, who on account of his old age in the year 1987 handed over the work of Pooja-Archana and maintenance as Poojari to both of them as his successors and since then both were undertaking the said Pooja- Archana jointly and after distributing the income from the Samadhi among themselves were maintaining their families.

(3.) It was then submitted that with the passage of time, income of the Samadhi Sthal started increasing, whereafter the defendant with an intension to grab the entire income in September, 1997 turned the plaintiff out and has deprived him from doing Pooja- Archana and getting the amount of Chadawa, regarding which, FIR was lodged, cognizance was taken and the case was pending. Based on the said averments, relief was sought for declaration that the plaintiff and defendant were entitled to 50% share each in the income/Chadawa of the Temple of the Samadhi Sthal and for doing the Pooja-Archana and management of the Temple of the Samadhi as Poojari; further injunction was sought from interference and for fixing the turn of the parties; further relief was sought seeking accounts for the period, the plaintiff remained deprived of the Pooja-Archana and the amount of Chadawa.