MAHADEO SAHU Vs. SARJU PRASAD TEWARI

JUDGEMENT

(1.) These two cases relate to the same property which, as far as we are able to judge, consisted at one time of a series of three houses or enclosures. It is said that at one time before the present litigation began these premises were used as a thakurdwara and temple. The premises were sold in the mon July, 1919, by one Sasju to Aziz Hasan for the sum of Rs. 599-15-0, and the cage which Aziz Hasan has put forward in both the suits out of which this appeal has arisen was that the property was not temple property, but was mere private property which be was entitled to purchase and which his vendor was entitled to sell.

(2.) F.A. No. 132 of 1922 arises out of a Suit, No. 2 of 1921, brought in the Court of the District Judge of Gorakhpur. This suit purports to be a suit under Section 14 of the Religious Endowments Act, Act 2 of 1863. Under this section of the Act in question any person who is interested in any mosque temple or religious establishment is entitled to bring a suit against a trustee, manager or superintendent of the endowed property and he is entitled to ask the Court for relief by directing the trustee, manager or superintendent to perform any specific act. He is also entitled to ask for a decree for damages against the trustee, manager or superintendent, and the Court may, in the exercise of its powers, direct the removal of the trustee, manager or superintendent.

(3.) This suit then, was brought by a plaintiff named Mahadeo Sahu on the allegation that the property in dispute was a thakurdwara which had originally been erected by one Girdhari Lal Khattri for the worship and the benefit of the general public of the Hindu community. It was said that no less than four idols were installed in this temple or thakurdwara. In the second paragraph of the plaint it was alleged that the plaintiff and other people of Gorakhpur city used to do worship in this Thakurdwara and reference was also made to worship on special occasions such as the Ram Naumi or other festivals.