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2021 Supreme(All) 1543

SARAL SRIVASTAVA
Babu Lal – Appellant
Versus
Ravi Narayan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ram Kishore Pandey, Himanshu Raghav Pandey.

JUDGMENT :

Saral Srivastava, J.

1. The present revision has been preferred by the defendants (hereinafter referred to as 'applicant') against the judgment and order dated 16.12.2020 passed by Additional District Judge, (FTC), Mahoba granting leave to suit under Section 92 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC')

2. The facts, in short, are that the respondents-plaintiffs (hereinafter referred to as 'respondent') instituted a suit under Section 92 of CPC praying for a decree to remove the applicants from the trustee in Shree Ram Laxman Janakiji Vakai Mandir, Dubiyana, District Mohoba and further, the applicant no. 1 be directed to submit the account of trust and to return the money of trust which is in the hands of applicant no. 1. Further relief prayed was that a trustee be appointed in the trust to manage the property and temple as per the trust deed.

3. The plaint case is that one Shiv Charan Lal was the owner of a one-story house, the shops situated in Khanga Bazar Grantganj, District Mahoba, two-third part of Khata Khewat Number-2, Mauja Tindauli Mohal Dariyaw Patti Murtaja Hussain Khan, Pargana Mohaba, and one Bagh adjacent to Ramleela. He got constructe

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