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HIGH COURT OF ALLAHABAD
G.P.Mathur
KUNWAR SINGH
Versus
SRI THAKURJI MAHARAJ BIRAJMAN MANDIR GAUNTIA NAJRA DHAMIPUR BAREILLY
Decided On : 21 May 1996
Second Appeal No. 2461 of 1976
WAQF - SALE DEED - CANCELLATION - SUIT FOR - MAINTAINABILITY - JURISDICTION - CIVIL COURT - BAR OF - SECTION 331, U. P. Z. A. AND L. R. ACT - APPLICABILITY - LIMITATION - ADVERSE POSSESSION - BHUMIDHARI SANAD - GRANT OF - CHALLENGE TO - EFFECT - SECTION 41, TRANSFER OF PROPERTY ACT - APPLICABILITY.
Fact of the Case:
Plaintiff, Sri Thakurji Maharaj, Birajman Mandir, Gauntia Mazra Dhamipur through Baba Sam Ram Das Chela Baba Narain Das filed O. S. No. 60 of 1971 against Kunwar Singh and seven others for cancellation of the sale-deed executed by Jangannath Das in favour of the defendants on 27-5-1969 and for possession over the land in suit situate in village Gauntia Mazra Dhamipur Pargana and Tehsil Nawabganj, District Bareilly. The case of the plaintiff was as follows. One Thakur Johda Singh resident of village Gauntia Mazra Dhamipur Pargana Nawabganj, District Bareilly was a Zamindar and he constructed a temple in his village and installed a deity of Sri Thakuji Maharaj in it after performing all religious ceremonies. Thakur Jodha Singh had no issues and in his life-time, he endowed his entire Zamindari property in favour of the plaintiff and created a public trust by means of a registered waqf deed dated 24-10-1934 for the maintenance and up-keep of temple and for "arti and bhog" expenses etcs. One of the conditions of the waqf deed was that no person shall have any right to sell or mortgage the property endowed in favour of the temple. He remained the manager of the temple till his life-time and after his death Ganga Nandan Chela Brahma Nandan became the manager of the temple. The present Mahant and servarakar of the plaintiff is Baba Sant Ram Das and prior to him Jagannath Das was acting as Mahant and sarvarakar. Jagannath Das executed a sale deed of the endowed property measuring 33 bighas 18 biswas, detailed at the foot of the plaint, in favour of the defendants on 27-5-1969 for a sale consideration of Rs. 30,000. After the creation of the waqf the land in suit was recorded in the name of the plaintiff Sri Thakurji Maharaja in the revenue records and used to be cultivated by the manager and sarvarakar of the temple on its behalf.
Finding of the Court:
The suit filed on behalf of Sri Thakurji Maharaj through Sant Ram Das was maintainable and was not barred by Section 91 or under Order 1, Rule 8, C. P. C. Jagannath Das was never sarvarakar or manager of the plaintiff. Thakur Jodha Singh executed a waqf deed in favour of the plaintiff on 22-10-1934 and the plaintiff became owner of the property in suit. Sri Thakurji Maharaj was recorded as bhumidhar but subsequently Dheeram Das acquired ad-hivasi rights and became sirdar of the land in suit. On his death, Jagannath Das as his heir became the sirdar thereof. The deity cannot be regarded as minor by any stretch or imagination as contemplated by Section 157 of U. P. Z. A. and L. R. Act and its position was different. Ganga Nandan took compensation in proceedings under Sec tion 240-G of U. P. Z. A. and L. R. Act and Jagannath Das became sirdar of the land in suit. During the consolidation operations, he was declared as sirdar and therefore the suit is barred by Sections 27 and 49 of U. P. C. H. Act. Jagannath Das had there fore right and title to execute the sale-deed in favour of the defendants. The suit was barred by limitation as plaintiff was not in possession within 12 years. The defen dants were bonafide purchaser for value. On these findings the suit was dismissed on 30-4-1974.
Issues: None
Ratio Decidendi: 1. The suit filed on behalf of Sri Thakurji Maharaj through Sant Ram Das was maintainable and was not barred by Section 91 or under Order 1, Rule 8, C. P. C. 2. Jagannath Das was never sarvarakar or manager of the plaintiff. 3. Thakur Jodha Singh executed a waqf deed in favour of the plaintiff on 22-10-1934 and the plaintiff became owner of the property in suit. 4. Sri Thakurji Maharaj was recorded as bhumidhar but subsequently Dheeram Das acquired ad-hivasi rights and became sirdar of the land in suit. On his death, Jagannath Das as his heir became the sirdar thereof. 5. The deity cannot be regarded as minor by any stretch or imagination as contemplated by Section 157 of U. P. Z. A. and L. R. Act and its position was different. 6. Ganga Nandan took compensation in proceedings under Sec tion 240-G of U. P. Z. A. and L. R. Act and Jagannath Das became sirdar of the land in suit. 7. During the consolidation operations, he was declared as sirdar and therefore the suit is barred by Sections 27 and 49 of U. P. C. H. Act. 8. Jagannath Das had there fore right and title to execute the sale-deed in favour of the defendants. 9. The suit was barred by limitation as plaintiff was not in possession within 12 years. 10. The defen dants were bonafide purchaser for value. 11. On these findings the suit was dismissed on 30-4-1974.
Final Decision: Appeal dismissed with cost.
This is a defendants appeal against the judgment and decree dated 3-12-1976 of IInd Addl. District Judge, Bareilly, by which the appeal preferred by the plaintiff was allowed and the suit for cancellation of the sale-deed dated 27-5-1969 and for possession was decreed.
2. Sri Thakurji Maharaj, Birajman Mandir, Gauntia Mazra Dhamipur through Baba Sam Ram Das Chela Baba Narain Das filed O. S. No. 60 of 1971 against Kunwar Singh and seven others for cancellation of the sale-deed executed by Jangannath Das in favour of the defendants on 27-5-1969 and for possession over the land in suit situate in village Gauntia Mazra Dhamipur Pargana and Tehsil Nawabganj, District Bareilly. The case of the plaintiff was as follows. One Thakur Johda Singh resident of village Gauntia Mazra Dhamipur Pargana Nawabganj, District Bareilly was a Zamindar and he constructed a temple in his village and installed a deity of Sri Thakuji Maharaj in it after performing all religious ceremonies. Thakur Jodha Singh had no issues and in his life-time, he endowed his entire Zamindari property in favour of the plaintiff and created a public trust by means of a registered waqf deed dated 24-10-1934 for the maintenance and up-keep of temple and for "arti and bhog" expenses etcs. One of the conditions of the waqf deed was that no person shall have any right to sell or mortgage the property endowed in favour of the temple. He remained the manager of the temple till his life-time and after his death Ganga Nandan Chela Brahma Nandan became the manager of the temple. The present Mahant and servarakar of the plaintiff is Baba Sant Ram Das and prior to him Jagannath Das was acting as Mahant and sarvarakar. Jagannath Das executed a sale deed of the endowed property measuring 33 bighas 18 biswas, detailed at the foot of the plaint, in favour of the defendants on 27-5-1969 for a sale consideration of Rs. 30,000. After the creation of the waqf the land in suit was recorded in the name of the plaintiff Sri Thakurji Maharaja in the revenue records and used to be cultivated by the manager and sarvarakar of the temple on its behalf. During the period Ganga Nandan was the sarvarakar, Jagannath Das who neither resided in the village where the land in suit is situate nor was in possession thereof got his name recorded over the same in the Khasra with the connivance of the Lekhpal. When Ganga Nandan came to know about it, he moved an application in the form of an objection before the S. D. O. Nawabganj under Section 240-G of U. P. Z. A. and L. R. Act against Jagannath Das in compensation proceedings which was registered as Case. No. 157-A of 1957. In the said case, Jagannath Das appeared and a compromise was filed by the parties on 21-12-1957 wherein Jagannath Das admitted the title of the plaintiff and further agreed to manage the land in dispute as Mahant of the temple without any right to sell or mortgage the property. The compromise was duly recorded and the proceedings were decided in terms thereof. The compromise was acted upon and Jagannath Das continued to the Mahant and sarvarakar of the plaintiff with effect from the date of the decision of the case and used to manage the land in suit on its behalf. Subsequently he became dishonest and any how he managed to get the land in suit recorded in his personal name in the revenue records fraudulently though it was a trust property. This position continued without the knowledge of anybody else and after obtaining bhumidhari sanad, he executed the impugned sale deed in favour of the defendants. When the true facts came to light, Jagannath Das was removed from the Mahantship of the plaintiff by the Hindu public of the village and Baba Sant Ram Das was appointed as the Mahant and sarvarakar thereof. Jagannath Das died in January, 1971. The property of the plaintiff by its very nature and in terms of original waqf deed is unaliabble. Jagannath Das had no right, title or authority to execute the sale-deed thereof.
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