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ANIL VERMA
Rampuri Thr. LRs. Mahendrapuri – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Appellants / plaintiffs have preferred this second apppeal under section 100 of Code of Civil Procedure, 1908 (hereinafter referred as “CPC”) being aggrieved by the impugned judgment and decree dated 8.12.2000 passed by the Third Additional District Judge, Mandsaur in First Appeal No.25-A/2000, affirming the judgment and decree dated 3.11.1998 passed by the Civil Judge Class-II Narayangarh in Civil Suit No.401-A/1997, whereby the suit for declaration of title and permanent injunction filed by the appellants has been dismissed.
2. Facts of the case in brief are that the appellants / plaintiffs have filed a civil suit before the trial Court for declaration of title and permanent injunction in regard of the suit land situated at Village Kitukhedi, Tehsil Malhargarh, District Mandsaur (M.P.) bearing survey Nos.22/1-73, 104/7-10, 21/1-15, 13/2-26, 12/2-26, 94/0-90 having total area ad-measuring 6.228 hectare. The suit land was allotted by the erstwhile Holkar State as an Inam in the year 1931 and the appellants' forefathers performed Puja and Archana in the temple of the Nilkantheshwar Mahadev situated at Village Kitukhedi. After the death of father of the appellants, appellants
(1) Right to alienate properties of temple – Pujari cannot be treated as a Bhumiswami. Pujari does not have any right in land and his status is only that of a manager. Rights of Pujari do not stand o....
The main legal point established is the rightful ownership of Deity land and the invalidity of mutations in favor of unauthorized parties.
A pujari's role does not confer ownership rights over temple property, which vests in the deity and is managed by the State.
The court emphasized that a plaintiff cannot pursue a civil suit to establish title without challenging a binding order from a revenue authority.
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
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