SHRI MADAN MOHANJI Vs. KISHNA KUAR

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit in which the plaintiff Mt. Kishna Kuar claims a decree for possession over certain property. This property is detailed in the plaint. It consists of (1) a shop, (2) a zamindari share in Village Orchhi and (3) a temple in Chandausi. Item 3 is described as follows: A moiety share in the pucca built double-storied haveli together with all the four boundary walls, enclosure appertaining thereto, situate in Chandausi, mohalla Kaithal Darwaza, known as temple of the value of Rs. 14,000.

(2.) What the plaintiff claims under this head is the temple, not a half-share in the temple. The temple itself was built upon the half-share of an enclosure which was allotted in a partition to the plaintiff. The plaintiff is the widow of Chadammi Lal who died in 1887. Chadammi Lal was survived by two widows, Mt. Parbati and the plaintiff Mt. Kishna Kuar. Mt. Parbati at the time of Chadammi Lal's death was 18 years old and Mt. Kishna Kuar 17 years. Chadammi Lal left considerable estate valued at the time of his death at Rs. 1,50,000. The property in suit formed a part of his estate. On Chadammi Lal's death he was succeeded by Mt. Parbati and Mt. Kishna Kuar. Mt. Parbati died in 1933. On her death Mt. Kishna Kuar as the surviving widow claimed possession of the whole of Chadammi Lal's estate as a Hindu widow.

(3.) The defendants to the suit were in possession of the property in suit. The defendants are the idol Shri Madan Mohanji and the mutwalli of the temple in which the idol is situate, Ganeshi Lal. Ganeshi Lal died during the pendency of these proceedings and now is represented by his sons Radha Ballabh and Brij Kishore. The defendants resisted the claim of Mt. Kishna Kuar upon the allegation that during her lifetime Mt. Parbati had built a temple to Shri Madan Mohanji and dedicated the property in suit to it. During the pendency of this appeal Mt. Kishna Kuar, the plaintiff, executed a deed of Surrender in favour of Girdhari Lal. In the course of this deed of surrender it is recited that this appeal was pending in the High Court and it is provided that Girdhari Lal aforesaid should get himself impleaded in the array of respondents in that appeal and look after the same.