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1972 Supreme(All) 283

T.S.MISRA
Kailash Chand – Appellant
Versus
Bhupal Nath – Respondent


Advocates:
K.C. Saksena, for Appellants; K.M. Dayal and Dhan Prakash, for Respondents.

JUDGMENT :- This is a defendants' appeal. In the suit which gave rise to this appeal the plaintiff alleged that the temple in which the deity of Bhuteshwar Mahadeoji Maharaj is installed is situate in old plot No. 47 which corresponds to the new plot No. 76. According to the plaintiff this temple was constructed by his ancestors. Thereafter a common ancestor Sri Man Nath became the sole owner of the temple and received the total offerings. He had three sons, Bal Nath, Gulab Nath and Nand Nath. The plaintiff claimed to be entitled to half share in the offerings made in the said temple. This suit was contested by the appellants, who denied the various allegations made by the plaintiff and disputed the right of the plaintiff to receive the offerings made in the said temple. It was alleged by the defendants that out of the old plot No. 47 of 1872 twelve plots were carved out in the year 1901 which included the plot No. 76. The temple of Bhuteshwar Mahadeoji Maharaj was constructed in plot No. 76 which according to the defendants corresponds to the plot No. 1649.

2. The trial Court decreed the suit. Against that decision the defendants preferred an appeal which was also dismissed. The de














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