GOPALJI MAHARAJ Vs. KRISHNA SUNDER NATH KAVIRAJ

JUDGEMENT

(1.) This is an application for civil revision under Section 25, Small Cause Courts Act and arises under the following circumstances: A suit for arrears of rent in respect of a house was instituted in the Court of Small Causes of Muttra by the plaintiff Sri Gopal Ji Maharaj who is the idol of a Hindu temple situate at Bindraban in the district of Muttra. The suit was brought through one Swami Keshwanandji who claimed to be the manager of the shrine. The trial Court held that the defendant was a tenant of the plaintiff idol. It held, however, that Swami Keshwanandji did not in law represent the idol. The defendant is the lessee of the idol on behalf of one Naudin Chand Goshain who was the mutwalli of the plaintiff idol. Swami Keshwanandji claimed to be the manager of the plaintiff idol through one Mt. Basant Kumari who was not the mutwalli. On these grounds the suit was dismissed.

(2.) The application for revision was heard by Ashworth, J. who referred the following issue to the trial Court: On the death of the late shebait Naudip Chand Goshain was Mt. Basant Kumari a member of the founder's family and were there any other members known to exist?

(3.) The finding of the Small Cause Court Judge is that: the Jagdish Kunj was founded by Jagdish Pandit, that Mt. Basant Kumari does not belong to the said founder's family and that Madho Suddan Das Goswami, Narhari Das Goswami, Naudip Chand Goswami deceased were members and now Brij Gopal Goswami is the sole surviving member of the said founder's family.