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2007 Supreme(Pat) 732

RAMESH KUMAR DATTA
Mahanth Bhikhari Das Chella Of Mahanth Ram Chandra Das Jee – Appellant
Versus
Bihar State Board Of Religious Trust, Bihar, Patna – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The petitioner has filed the revision application against the order dated 11.12.2006 passed in Misc. Appeal No. 3 of 1989/2 of 1989 by the Additional District Judge, 1st Gopalganj by which he has allowed the prayer of the defendant-opposite parties and set aside the order of injunction dated 9.1.1989 passed in Title Suit No. 114/1988 by Subordinate Judge-V, Gopalganj.

3. Title Suit No. 114/1988 was filed by plaintiff no. 1, Mahanth Ramchandra Das Jee (since deceased) and the present petitioner Mahanth Bhikhari Das is plaintiff no. 2 as Chela of said plaintiff no. 1 far a declaration that the properties mentioned in Schedule-II of the plaint are the personal properties of the plaintiffs and it was not the property of public trust and the act of the defendant Bihar Hindu Religious Trust Board in constituting a committee with respect to the said properties is wholly void, illegal and without jurisdiction.

4. The case of the plaintiffs was that the original spiritual ancestor of the plaintiff Baba Nayak Ram Das Jee was the resident of Madhopur and after death of his wife he devoted his time in worshipping lord Vishnu and installed an
































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