PRASHANT KUMAR MISHRA
Murti Shri Sinhwahini Devi – Appellant
Versus
The State of Chhattisgarh – Respondent
Prashant Kumar Mishra, J.
1. The instant second appeal under Section 100 of the Code of Civil Procedure has been preferred by the Plaintiffs whose suit for declaration and permanent injunction was dismissed by the trial Court, however, the appellate Court declared the title of the suit property in favour of the Appellant No. 1, Deity and dismissed the claim of the Plaintiff No. 2/Appellant No. 2 for a declaration as Sarvarakar of Plaintiff No. 1, Deity/temple.
2. Plaintiff No. 1 is the Deity of Sinhwahini Devi, Sinhwahini Mandir, Rajapara, Kanker and Plaintiff No. 2/ Appellant No. 2 claims to be the Sarvarakar of Plaintiff No. 1. The following reliefs were claimed in the suit:
(i) Plaintiff No. 1 be declared the owner of land situated at 10 khasra numbers bearing an area of 30.00 acres at Village Banspattar and the temple situated on Nazul Plot No. 15 area 211 Square Meters.
(ii) Plaintiff No. 2 Laxminarayan be declared the Sarvarakar of Plaintiff No. 1, Deity.
(iii) The registration of public trust by Defendant No. 1, State of Chhattisgarh through Collector, Kanker and entry of the name of the Collector as Manager of the Trust be declared illegal, void and inoperative.
(iv) The
Profulla Chorone Requitte and Ors. v. Satya Choron Requitte AIR 1979 SC 1682
Sm. Raikishori Dassi v. Official Trustee of West Bengal and Ors. AIR 1960 Cal 235
Janki Raman Pd. Mishra and Anr. v. Koshalyanandan Pd. Mishra and Ors. AIR 1961 Pat 293
Ramanujacharyulu and Anr. v. Panduranghacharyulu and Ors. AIR 1957 AP 272
Narayanam Seshacharyulu and Anr. v. Narayanam Venkatacharyulu AIR 1957 AP 876
Idol Ganeshji Maharaj and Ors. v. J.M. Anand and Anr. 1983 JLJ 248
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