J.D.JAIN
HARL BHAGWAN SHARMA – Appellant
Versus
BADRI BHAGAT JHANDEWALAN TEMPLE SOCIETY – Respondent
( 1 ) -THE plaintiffs, four in number, who are all residents of Delhi and who claim to be Sanatanist Hindus being followers of Sanatan Dharam having belief and faith in Idol worship, Smritis, Upnishads and Puranas (i. e. holy scriptures of Hindus) have instituted this suit under section 92 of the Code of Civil Procedure (for short the Code) against Badri Bhagat Jhandewalan Temple Society (Registered) through its Secretary Shri Ram Avtar Gupta and 34 other persons in respect of an alleged public trust. It is averred that about a century ago one Bhagat Badri Dass obtained a piece of land measuring 30,929 sq. yards comprised in khasra No. 40, Village Banskoli, Delhi, for the purpose of erecting a temple and a Dharamsala and he erected a temple thereon and installed the Idol of Goddess Durga Mata on a permanent padestal for the benefit of Sanatanist Hindus. He declared the properties as trust properties including the buildings and land mentioned above and thereafter he started looking after the trust property, which was a public trust of a charitable and religious nature, as a manager as the properties vested in the Idol. Thus, the beneficial interest of the trust vested
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