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1977 Supreme(Pat) 123

UDAY SINHA, R.P.SINHA
Ramji Jankiji And Another – Appellant
Versus
Mauni Baba Kale Kambalwala Jai Siyaram Dasji – Respondent


Judgment

UDAY SINHA, J.

1. This is an appeal by the plaintiffs against a judgment and decree passed by the Additional Subordinate Judge, Jamshedpur dated the 10th April, 1963.

2. The plaintiffs suit was for (a) declaration that the disputed properties mentioned in the schedule to the plaint belonged to the deities Ramji Janakiji through their Shebait Ramratan Dasji and (b) for recovery of the suit properties mentioned in Schedule A to the plaint. The plaintiffs case was that the suit properties belonged to the deity Ramji Janakiji, plaintiff No. 1 of which plaintiff No. 2 was the Shebait. The properties appertained to a temple at Jugsalal in the town of Jamshedpur known as Ramtikari temple. According to the plaintiffs, the deity was consecrated by Ram Kumar Das, who was its Shebait and was managing the properties in suit in that capacity. The properties of the temple were acquired by him from Charan Pradhan. According to them, Ram Kumar Das died in 1934. On his death his Chela Kalyan Das took over the management of the properties as Shebait and performed the religious obligations required of him in respect of the deities. Kalyan Das died in 1944 without nominating anyone as successo





































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