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1974 Supreme(All) 14

K.B.ASTHANA, T.S.MISRA
Brindaban – Appellant
Versus
Ram Lakhan Lalji and Mahadeoji – Respondent


Advocates:
S.N. Verma, for Appellant.

Judgement

T. S. MISRA, J.:- This appeal arises out of a suit for declaration that the plaintiff No. 2 is the Sarbarakar of the plaintiff No. 1 and for the removal of the defendant No. 1 from the management of the temple and the properties of the plaintiff No. 1 and the charge of the same to be handed over to the plaintiff No. 2 as the Sarbarakar of the plaintiff No. 1. The suit was filed by the idols Ram Lakhan Lalji and Mahadeo Ji through Rameshwar Bajpai as the plaintiff No. 1 and Rameshwar Bajpai as the plaintiff No. 2 against Brindaban, the first defendant, and Prakash Narain. The latter was impleaded as a pro forma defendant. The material facts may be briefly stated as follows :

2. One Jagannath was the owner of the properties in dispute. He had a brother by name Shyam Lal who had died in 1893 leaving behind a widow Smt. Kaushalya. Jagannath had a son Jwala Prasad who had pre-deceased him leaving behind his widow Smt. Narayani and a son Durga Prasad. Jagannath died in 1904. Durga Prasad also died a few days thereafter surviving him Smt. Savitri his widow. The three widows, Narayani, Savitri and Kaushalya executed a document in the year 1908, whereby they endowed all the propert











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