Maula Dad Khan vs Sri Thakur Radha Kaulji

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1935 Supreme(All) 278

GANGA NATH
Maula Dad Khan – Appellant
Versus
Sri Thakur Radha Kaulji – Respondent

JUDGMENT

Ganga Nath, J. - This is a defendant's appeal and arises out of a suit brought against them by the plaintiffs-respondents for a declaration that the perpetual lease, dated 12th February 1904 granted by the late mahant Narain Das was ineffective and not binding on the plaintiffs. The plaintiffs further prayed for possession and mesne profits, against, the defendants. The plaintiffs' case was that Narain Das was the mahant. He granted a perpetual lease of the property in dispute to defendant 1 and the deceased ancestor of defendants 1 to 6. Narain Das died on 18th November 1923, and was succeeded to by Ram Kishan Das, plaintiff No. 4, as mahant and. manager of the temple. The plaintiffs' further stated that Narain Das had no power to execute the lease and it did not and could not enure beyond the lifetime of Narain Das. The trial Court found that the lease was without legal necessity and void and decreed the claim. In appeal, the Sub-ordinate Judge upheld the findings of the trial Court as regards the lease being void and without any legal necessity, but modified the decree for the amount of mesne profits. Against this decree, this appeal has been filed by the defendants.

2. O

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