JUDGMENT :

Narendra Singh Dhaddha, J.

This first regular appeal under Section 96 read with Order 41 Rule 1 and 2 CPC has been filed by the defendants-appellants (for short ‘the defendants’) against the judgment and decree dated 01.12.1990 passed by the Additional District & Sessions Judge, Karauli (for short ‘the trial court’) in civil suit No.05/85, by which the trial court decreed the suit filed by the plaintiffs-respondents No.2 (for short ‘the plaintiffs’) for declaration and possession.

2. Brief facts of the case are that the plaintiffs filed a suit for declaration and possession against the defendants in which it was mentioned that a temple of Murti Shri Dwarkadhish Ji was built by the Swarnakar and Zadiya Community. They have right to Mohatmin and Shevait. Members of the Swarnakar and Zadiya Community constructed two story temple with one Pator annexed thereto. Two shops were also got constructed for meeting out the expenses of Bhog-rag of the temple. Prior to the year 1931, Late Har Prasad grand-father of the defendant Nos.1 and 2 was appointed as Pujari of the said temple. Said two shops, were also entrusted to Shri Har Prasad to control and manage for meeting the expenses of