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2011 Supreme(HP) 2226

DEEPAK GUPTA
Shri Tikam Ram – Appellant
Versus
Purshotam Ram – Respondent


Advocates:
For the Appellants:Mr.Sanjeev Kuthiala, Advocate.
For the Respondents:Mr.Bhupender Gupta, Sr.Advocate with Mr.Onkar Jairath, counsel for respondents.

JUDGEMENT

Deepak Gupta,Judge 1. The appellant No.2-plaintiff No.] is a deity, Devta Trijugi Narain Diar, which filed a suit through its next friend Jai Chand and the appellants No.] and 3 Tikam Ram and Bhawani Singh, i.e., plaintiff Nos.2 and 3 were the votaries, haryans and worshipper of the plaintiff No.]. In view of the questions involved in this appeal, it is not necessary to give detailed facts of the case. Briefly stated the relevant facts are that according to the plaintiffs, Chune Ram was Kardar (Manager) of plaintiff No.], deity and he, totally ignoring the interest of the deity of which he was the guardian, leased out very valuable and substantial property of the deity in perpetuity for a negligible consideration of Rs.4750/- to his sons, the defendants. The plaintiffs alleged that this deed was executed in a clandestine manner and, therefore, prayed that the plaintiff No.] may be declared to be owner in possession of the suit land, lease deed be declared to be null and void and further the defendants be directed to hand over the possession of the suit property to the plaintiffs. The value of the suit was fixed at Rs.200/- for the relief of declaration, permanent injuncti





















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