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1935 Supreme(All) 178

RACHHPAL SINGH
Chiranji Lal – Appellant
Versus
Sri Thakur Bare Madan Mohan Lalji – Respondent


JUDGMENT

Rachhpal Singh, J. - This is a defendants' appeal arising out of a suit for possession. The facts which have given rise to the litigation between the parties can be stated as follows: Lala Bitthal Das owned extensive properties including village Lalpur in Muttra District. On 23rd October 1914, he executed a will, under which he dedicated 20 Biswa-Zamindari in village Lalpur to an idol known as 'Sri Thakur Bare Madan Mohan Lalji Maharaj' situate in Bengali Ghat, Muttra. The plaintiffs in the case are Sri Thakur Bare Madan Mohan Lalji Maharaj and its Mutwalli and Manager Goswami Sri Bitthal Nath. The case set up by the plaintiffs was that an absolute gift of the village mentioned above was made in favour of the idol, plaintiff 1, by Lala Bitthal Das and that according to the terms of the will, plaintiff 2, the Mutwalli of plaintiff 1, was entitled to remain in possession of the endowed property. The plaintiffs' complaint was that after the death of Lala Bitthal Das, the defendants in the suit had taken wrongful possession of the aforesaid village and therefore the plaintiffs instituted a suit for possession of the same. The defence of the principal contesting defendant Lala C

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