V.R.NEWASKAR, N.M.GOLVALKER
CHAMELIBAI VALLABHADAS – Appellant
Versus
RAMCHANDRAJEE – Respondent
( 1 ) THE suit out of which the present appeal arises was brought by plaintiff sundarlal, s/o Manoharlal Brahmin claiming himself to be the Pujari and Shebait of a temple situated in Lohia Bazar Lashkar. The suit was brought by him as the next friend of the various idols of Ramchandraji, Seetaji, Laxmanji, etc. , eight in all. According to Sundarlal the temple where all the above idols are installed is a portion of a bigger area and the entire properties situated in the area, as shown in the map filed along with the plaint, belong to the said idols and constitute a public endowment, the same having been dedicated to the said idols for the up-keep of the temple and for carrying on their worship. According to Sundarlal he used to recover rent of the properties and deposit the same with the defendant who, on the insistence of the members of the Hindu Community of the locality, had utilized part of the funds lying in deposit with him in building a Dharamshala within that area. However, it is said that the defendant in recent years has begun to claim title to the properties aforesaid to deny that of the idols. A declaration was accordingly claimed on behalf of the idols tha
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