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1996 Supreme(All) 869

S.K.PHAUJDAR
Shiv Prasad Uniyal – Appellant
Versus
Murti Shri Ram Chandar Ji Maharaj And Sri Mahadev Ji Maharaj Dehradun – Respondent


Advocates appeared:
Aditya Narain, Rajesh Tandon, Shyamji Gaur,

Judgment :

S. K. Phaujdar, J.-

1. This appeal is directed against the judgment and decree dated 4-7-1095 passed by the 1st Addl. Civil Judge, Sr. Division Dehradun, in Civil Appeal No. 55 of 1981 which, in its turn, had challenged the judgment and decree dated 31-8-1981 passed by the Illrd Munsif, Dehradun in O. S. No. 195 of 1980. The suit was filed on behalf of two deities, Murti Sri Ram Chandra Ji Maharaj and JVlahadeo Ji Maharaj against the present appellant and another through their shebait for permanent injunction from restraining the defendants from interfering in any manner in the functioning, working or performing and doing normal and usual 'duties and functions and ceremonies in the temple and for possession of the rooms in occupation of the present appellant and for other ancilary reliefs. It was stated that in the year 1935 a trust was created by a registered deed regarding the temple and deities together with the Dharamshala and shops attached thereto. Plaintiff No. 2 and defendant No. 2 were appointed the trustees by the trust deed. It is not disputed that original plain tiff No. 2, Bhagwati Devi, died and she is represented by Anurag Gupta. There had been a suit again










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