SUKHRAM PURI Vs. MOHAMMAD ASHFAQ

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the landlord to resume a certain muafi land on the allegation that the grant was made for services which are no longer required by the proprietor. The services were the worship of a certain idol in a certain temple.

(2.) The first Court dismissed the suit, the lower appellate Court decreed it and a learned Judge of this Court dismissed the appeal.

(3.) The decision of the case before us depends on a proper construction of the wajibularz which contains the terms of the grant. The wajibularz runs as follows: In this mahal 38 bighas 17 biswas are held by Gayapuri Goshain Chela of Bhagwanpuri for the purposes of the performance of puja of Mahadeoji. The muafidar will remain in possession of the land so long as he performs the worship. If he fails to perform the worship, the landlord will be entitled to hand over the land to somebody else; so that the puja may be performed.