Honble SHARMA, J.–This appeal under Section 96 CPC arises out of the judgment and decree dated 22.12.1987 passed by the learned Additional District Judge No. 2, Jaipur City, Jaipur whereby the learned Judge has decreed the plaintiffs suit for declaration.

(2). Plaintiffs respondents filed a suit against defendant Radhey Shyam for declaration, possession, injunction and damages for use and occupation, with the averments that plaintiff No. 2 is a temple of Thakurji Shreeji, Anna Poornaji and Mahadeoji, situated at Jaiti-ki-kothi, Chandarwaja, Moti Katla Bazar, Jaipur and there is a land beneath it measuring 5 bighas. One Sadaram Mushraf, Kayastha by caste purchased a well and the said 5 bighas of land, for which a patta was granted by the then erst-while State of Jaipur for the purpose of constructing temple of Mahadeoji and Annapurnaji which was accordingly constructed. Shri Sadaram handed over possession of the aforesaid land and building to Panchan Biradari Kayasthan Mathur Chowkri Ram Chanderji, a committee of Kayasthan constituted by Kayastha inhabitants of Chowkri Ram Chanderji, Jaipur and since then the property remained in continuous possession, charge, control and management

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