JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed by the defendants against the final judgment and order dated 17.04.2007 passed by the High Court of Uttarakhand at Nainital in First Appeal No.51 of 2005 whereby the High Court dismissed the appeal filed by the appellants herein and affirmed the judgment and decree dated 30.03.2002 passed by the Civil Judge (Senior Division)/X F.T.C., Dehradun in O.S. No. 318 of 1996.

2. In order to appreciate the issues involved in the appeal, it is necessary to set out the relevant facts infra.

3. Appellant No.1 is defendant No.1-State of Uttarakhand (earlier part of State of UP) and appellant No. 2 is defendant No.2 - Divisional Forest Officer (DFO) whereas the respondent is the plaintiff in the civil suit out of which this appeal arises.

4. The respondent (plaintiff) is one-Bharat Bhushan Bharati. He has described himself as "Mahant" and "Manager" of one temple known as "Sri Laxman Sidh Maharaj" situated in the midst of thick forest near one village named "Harawala" Pargana, Pachwa District, Dehradun (Uttarakhand).

5. On 27.05.1996, the respondent filed a civil suit (O.S.No.318/1996) in the name of "Temple Sri Laxman Sidh Maharaj" describing himse