JUDGMENT :- This second appeal arises out of a suit for declaration, possession and for damages for use and occupation.

2. The facts in brief are these: In the district of Agra in Tehsil Kiraoli there is village known as Chauma Shahpur. The village is in two parts- one is known as Chauma and the other is known as Shahpur. An old temple of Shri Gopal Krishna Bankey Behariji is said to exist at Shahpur and the plaintiff No. 1 is said to be the said deity installed in the said temple. Plaintiffs Nos. 2 to 6 reside in the said village and worship in the said temple. The deity sued through Baba Premanand who claimed to be the manager and pujari of the deity in the said temple. It was alleged that the defendant, Shri Lal Kishan, was formerly managing the said temple and was the pujari of the same. He left managing the plaintiff No. 1 and kept some idols in his own residential house situated at Chauma and began to claim that the old temple of the plaintiff No. 1 was at his residential place at Chauma and not at Shahpur. The plaintiff asserted that there was no temple at Chauma and the deity really stood installed in the old temple at Shahpur. The deity owned the land of Khata No. 64 situat

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