Hon’ble Yatindra Singh, J.—This defendant’s first appeal revolves around the nature of the rights conferred upon the plaintiff’s predecessor-in-interest by the letter written by the Collector in 1858 (the 1858 Deed).

THE FACTS

2. Thakur Sri Radha Ramanji Maharaj (the Plaintiff) is a deity. It has filed original suit No. 185 of 1992 for permanent injunction restraining the State of UP through Collector Mathura (the Defendant) from interfering with its possession.

3. The main allegations in the plaint are as follows:

(i) Shah Kundan Lal and Shah Fundan Lal (the original beneficiaries) were given freehold rights over the land situate in the civil lines, Mathura by the British Government (the 1858 Deed). They had constructed a house over the land and are owners of the same.

(ii) The original beneficiaries created a trust dedicating considerable property by the deed dated 7.9.1866 (the 1866 Deed) and later on Shah Fundan Lal alongwith the son of Shah Kundan Lal executed a supplementary deed on 19.7.1881 (the 1881 Deed) dedicating the property given to them in free hold by the British government (by the 1858 Deed) alongwith other properties to the Plaintiff.

(iii) The total area of the