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1977 Supreme(All) 275

B.N.SAPRU
Kishore Joo – Appellant
Versus
Guman Behari Joo Deo – Respondent


Advocates:
S.P. Srivastava, for Appellant; J.N. Agarwal and Yogesh Agarwal, for Respondent.

JUDGMENT :- This is an execution second appeal filed by the judgment-debtor. There was a temple where the deity of Sri Guman Behari Joo Deo is installed. It lay within the territories of the erstwhile State of Charkhari. The Maharaja of Charkhari was the Shebait. It appears that after Independence the territory of Charkhari came to be administered by the State of Uttar Pradesh. The Collector of Hamirpur was appointed Administrator of the temple.

2. On 11-5-1951 a suit was filed on behalf of the Idol through the District Magistrate, Hamirpur as Administrator. The suit was decreed on 11-5-1961 and a money decree was passed in favour of the Idol. On 8-10-1960 the Governor of Uttar Pradesh executed a Trust deed and created a trust called the Sri Guman Behari Joo, Rainpur Temple Trust by a deed registered on 18-8-1961. Among the recitals in the Trust deed were the following :

" Know all men by these presents that I, the Governor, the Uttar Pradesh (hereinafter referred to as the Settlor ) do hereby constitute and creat a Trust to be called as Sri Guman Bihari Ju Rainpur Temple Trust:

Whereas arising out of Art. 11 of the covenant for the formation of the former United State of Vindhya Pra






















































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