MT KISHORI KUER Vs. PARMESHWAR MISSIR

JUDGEMENT

(1.) This appeal arises in a suit instituted by respondent 1, for a declaration that he is the duly constituted mutwalli of Shree Radhakrishnajee in village Jagdispur, and, as such, entitled to remain in possession of the temple of Shree Radhakrishnajee and the residential house of Mt. Jaichha Kuer appertaining thereto as also of the movables specified in the list appended to the plaint, or to recover possession thereof on ejectment of the appellants who have forcibly had occupation of the same as trespassers.

(2.) The facts giving rise to this litigation, shortly stated, are that one Agam Tiwari of the aforesaid village died in the year 1912 leaving him surviving his widow late Musammat Jiachha Kuer as his sole heir. The Musammat, in due course, came in possession of his estate. While in such possession, she, in fulfillment of the wishes of her husband, constructed the tern-pie in question and built the houses appertaining thereto, installed the deity Shree Radhakrishnajee therein and dedicated all the properties inherited by her for the sevapuja and upkeep of the deity and the temple. She effected the dedication by a registered wakfnama uited 22-9-1921. For the management of the dedicated properties, she appointed seven panches to form themselves into a committee of management. It was provided in the said deed that each of the panches was to be life member subject to his removal on the ground of dishonesty and substitution by a newly appointed panch in his stead by the remaining members of the committee. It was further provided that in case of removal by death of any of the panches, any one of his sons or gotias found competent by the other members of the committee was entitled to succeed him in the management. An unexpected contingency, however, arose in the matter of management which had not been provided for in the wakfnama, namely, that all the panches as a body, mismanaged the affairs of the temple contrary to the lady's expectation. Thereupon, finding no other way to get possession of the temple and the properties attached thereto, she instituted Title Suit No. 11 of 1939 for their removal in the Court of the District Judge of Arrah, She succeeded in the suit and came into khas possession of the same.

(3.) While in such possession, she appointed the plaintiff, Parmeshwar Missir, as trustee of the endowment by a deed of wakfnama on 26-5-1940. By virtue of this appointment, the plaintiff entered into management of the deity's affairs and came in possession of the temple along with all the dedicated properties. Musammat Jiachha Kuer, the founder, died on 22-9-1942, whereupon the plaintiff wanted to take her corpse to Benares as she in her lifetime wanted to pass her last days there. The husband of defendant 1, and maternal uncle of defendant 2, Kesho Missir, raised a dispute and prevented the body from being taken, to Benares. Out of this dispute there arose a police enquiry which ended in the Sub-divisional Officer directing the plaintiff to cremate her in the village. Later, Kesho Missir with the assistance of defendants l to 6 created trouble in peaceful possession of the plaintiff and ultimately took forcible possession of the disputed properties after breaking open the lock of the temple. There arose some criminal cases between the parties. In such eases Kesho Missir set himself up as legal heir of late Jiachha Kuer as her guru and questioned the dedication and the appointment of the plaintiff as a mutwalli. Hence, the suit.