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1991 Supreme(All) 958

B.L.YADAV
Sadanand Chaubey – Appellant
Versus
Bachchan Chaubey – Respondent


Advocates Appeared:
For the Appellant : A.N. Bhargava and V.C. Misra
For the Respondent: R.P. Srivastava and Rajendra Kumar

JUDGMENT :

B.L. Yadav, J.

This is Defendant’s second appeal in a suit filed by the Plaintiff-Respondents for permanent injunction restraining the Defendant-Appellant from interfering with the Plaintiff’s management of the temple and its property.

2. The facts giving rise to the present appeal are that the Plaintiff-Respondents filed a suit with the allegations that one Mahangu Chaubey has agricultural plots and non-agricultural property in village Mohammadpur Dhonghadin Mutalika Rajapur, Pargana and Tehsil Mohammadabad, district Ghazipur. He died leaving his widow Smt. Parkali Kunwar. After his death his widow installed a temple of Sri Shiv Ji and Sri Mahadeo Ji. In order to perpetuate the memory of her deceased husband and for maintaining Ram Bhog etc. in the temple, she executed a registered deed of endownment dated 24th January 1921 dedicating a part of the property. She appointed herself as a Sarvarahkar of the temple and it was further provided that after her death the matter of Sarvarahkar ship shall be decided by the Court. Hanuman Chaubey, the Plaintiff’s father and Shankh-dhar Chaubey, the father of the Defendant No. 2 in the present suit, had instituted a suit No. 50 of 1921














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