RAMDAYAL Vs. MTSARASWATI

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit; for a declaration of title and in the alternative for possession as trustees over four items of property.

(2.) The plaintiffs case was that these properties were the private-property of Salig Ram, the father of Mt. Saraswati, on whom it had devolved through a line of spiritual ancestors, that Salig Ram made a Will of these properties on the 28 of June 1895, in favour of Mt. Saraswati and later on the 5 of November 1905, gifted them to her. Plaintiff No. 2 joined in the suit on the basis of the last- mentioned gift. The reliefs claimed by the plaintiffs were two fold. In the first place a declaration was asked for that they were owners of the entire estate and that the defendants or the public had no right of interference with it. In the second place it was prayed that even if any portion of the properties be declared to be endowed property the plaintiffs should be granted possession as managers and mutwallis.

(3.) The plaintiffs alleged that Salig Ram and after him the plaintiffs had been in peaceful and undisturbed possession up to the 8 of November 1921, when the defendants forcibly took possession of the temple and the other properties and turned out the plaintiffs servant. Jagannath.