- (1.) THIS is a defendant's appeal directed against judgment and decree of Sri O. P. Gang, learned II Civil Judge Kanpur in Civil Appeal No. 521 of 1968, arising our of original suit. 59 of 1965. Learned Judge dismissed the appeal with costs and affirmed the judgment and decree of Munsif Hawali, Kanpur, by the impugned judgment and decree.
(2.) DISPUTE relates to a sale deed executed by defendants 1 and 2 in favour of appellant Ayodhya Prasad on 25-1-65 copy of which Ext. 3 is on record relating to Plot 121 situated in village Ban Pargana Derapur, District Kanpur. Relief sought was for declaration that the aforesaid sale deed be adjudged void and inoperative against plaintiff respondent 1. It appears that abadi plot 121 is covered by two temples of Baba Mukund Puri and Lord Shiva and two platforms of Goddess. Certain rooms also existed towards north along with an enclosure in that compound.
(3.) PLAINTIFF came to the court with the allegations that he was a Gosain and had been managing the said temples since the days of his ancestors; there was also a priest in the temples. He used to receive the offerings in the said temples which were more than 100 years old and inhabitants of the village used to visit the same and gather there specially on religious festivals. The residents of the village have acquired customary rights of offering prayers and gathering there on religious occasions. It was further averred that the rooms and corridor existing all around the temples had fallen down for want of repairs. Residents of village had also endowed properties and from the usufruct of the said properties expenses of the temples have been met. Tej Puri, father of plaintiff, used to manage the said temples and after his death in 1930, plaintiff was managing the same and appropriated its offerings. He also constructed two rooms with the aid of donations towards north of the land in dispute for the stay of pilgrims. Those rooms were shown by red colour in the site plan paper 35 ka appended to the plaint.;