A priest managing properties held by a deity is merely an administrator and does not acquire personal ownership rights or status as a landowner over the entrusted land. Such land remains vested in the deity or institution, and the priest cannot claim ownership or challenge management by state authorities.

Heard on: 28.08.2025

Delivered on: 08.10.2025

ORDER

This petition has been preferred by the petitioner/plaintiff being aggrieved by the order dated 31.01.2024 passed by the III Additional District Judge, Shujalpur, District Shahjapur whereby the appeal filed under Order 43 Rule 1 of CPC against the order dated 06.05.2023 passed in COS No.176A/2022 wherein the application filed under Order 39 Rule 1 and 2 of the CPC seeking temporary injunction has been dismissed.

2. Facts in nutshell leading to filing of this petition is that a civil suit was filed by the petitioner for declaration of title and permanent injunction related to a property situated at Village-Bhilkheda, Tehsil Kalapipal, and District Shajapur, with a total area of 39 Bigha and 1 biswa across several survey numbers. It is alleged that the petitioner is the owner and the possession holder of the bearing Survey No. 109 admeasuring 7 bigha and 10 biswa, Survey No. 110 admeasuring 5 bigha, Survey No. 112 admeasuring 3 Bigha and 1 biswa, Survey 113 admeasuring 3 bigha and 11 biswa, Survey No. 114 admeasuring 7 Bigha 15 biswa, Suvey No. 117 admeasuring 5 Bigha and 11 biswa, Survey No. 118 admeasuring 4 bigha and 10 biswa, Survey No. 516 which include survey no. 529/3, 528/2/3 admeasuring total area 1 bigha and 18 biswa, Survey no. 517/9 admeasuring 3 biswa and survey no. 528/1 admeasuring 3 biswa that the total area of the above mentioned Khasra No. which are total 10 in numbers is 39 Bigha and 1 biswa which are situated at Village-Bhilkheda, Tehsil- Kalapipal and Distict- Shajapur herein after referred to as suit property. The petitioner claims ownership rights through a student-teacher tradition, where the property devolved through a line of succession (Ram Charan Das Guru, Premdas, Radha Mohan Das, Dayaram Das, and currently Roop Kishoredas).

3. The suit property was given by Sadashiv Rao and others to Prem Das Guru as "Maafi imadadi" (gifted land), a transfer recorded as a gift in the year 1920. The property was recorded in the name of Premdas Guru as "Pakka Krishak". Following the implementation of the M.P. Land Revenue Code, 1959 , (hereinafter referred to as 'MPLRC') the great grand teacher was declared the owner/bhumiswami due to statutory effect. This position was maintained until 1974, however, in the year 1975, the revenue records were changed, recording the suit property in the name of Shri Ram Mandir and the Bhumi Swami name as Pujari Radha Mohan Das, leading to the deletion of the petitioner's great grand teacher's name from the revenue record without any prior proceedings or orders.

4. After discovering an adverse revenue entry related to their land during an auction by respondents the petitioner filed a suit along with an application for a temporary injunction, which was opposed by the respondent. The trial court dismissed the temporary injunction application on May 6, 2023 and the petitioner subsequently challenged this order in an appeal. The appellate court vide order dated 31-01-2024 dismissed the appeal and confirmed the order dated 06-05-2023, passed by the learned trial court. Being aggrieved, the petitioner has preferred this present petition.

5. Learned counsel for the petitioner argued that the trial court's order is illegal, incorrect, and arbitrary because it failed to consider evidence of the petitioner's ownership and posse