JUDGMENT

Sanjay K. Agrawal, J. - The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the defendants/appellants herein are as under:-

"1. Whether the judgment of the lower Appellate Court reversing the judgment of the trial Court is based on ignoring the evidence available on record and the same is on the basis of misreading of the evidence and documents available on record and as such perverse ?"

2. Whether the judgment and decree passed in Civil Suit No.7-A/1967 by the Court of Civil Judge Class-I, Kanker confers any right upon the plaintiff to act as a priest of the temple in question ?"

[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

2. Original plaintiff-Kaniya, son of Gurda, filed a suit for permanent injunction stating inter-alia that in Civil Suit No.5-A/67 (Gurda v. Jarre and others) decree was granted by the trial Court on 14.1.69 holding that Gurda along with defendant No.1-Jarre and defendant No.-2-Dori therein is jointly Gayta and priest of two temples namely Shitla Mandir and Thakur Dai Mandir and they are entitled for joint p