1974 Supreme(Raj) 30
LODHA
Narain Das – Appellant
Versus
Atma Ram – Respondent
Advocates Appeared:
K.L. Manihar, for Appellant; S.N. Chhangani, for Respondents
LODHA, J.—The subject matter of this protracted litigation is a sal a sort of parlour standing adjacent to the temple of Shree Neelkanth Mahadeo, located outside Chandpole Gate in the city of Jodhpur. There is another temple of lord Krishna, situated very near to the sal in question. This temple of Lord Krishna is alleged to belong to the Vaid Nai Community (barbers) of Jodhpur. The present suit for issue of a mandatory injunction was instituted by Shyamdas in the Court of Munsiff, Jodhpur City on 24-8-1959 against the representatives of the barber community. It was alleged in the plaint that the sal in question belonged to the plaintiff, who owned the temple of Neelkanth Mahadeo and that previously it had been decided by the then Chief Court of the former State of Jodhpur vide its judgment dated 8-10-1926, Ex. 3, against the representatives of the barber community that the sal was attached to the temple yet some barbers had taken forcible possession of the same from the plaintiff in October 1949 whereupon a criminal case was instituted against the barbers who entered into a compromise on 26-2-1952 and handed over possession of the sal back to the plaintiff. It was further alleged
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