- (1.) THIS reference has been made by the Sessions Judge, Pilibhit, through his order dated 18th of April, 1974
(2.) THE facts leading to this reference can briefly be stated as follows: There is an enclosure in muhalla Sahukara of Pilibhit wherein are situate seven temples of different deities. Inside the campus of the temples there are five kothris and one sidri along with a pucca kothri. An application was moved by Ghananand, hereafter to be called the applicant, in the court of the S. D. M. Pilibhit on 9th June, 1972, alleging that he was the pujari of the temple and was in physical possession of the entire enclosure, including the temples, the kothris and the sidri for quite a long time and that two days prior to the filing of the application Vinod Kumar and Ram Sewak, hereafter to be called O. P. Nos. 1 and 2 respectively, took forcible possession over one of the kothris and wanted to evict the applicant from the remaining part of the ahata and the temples therein, as a result of which there was an apprehension of a breach of the peace. On 9th of June 1972 the learned S. D. M. passed a preliminary order, calling upon the parties to put in their written statements and affidavits etc. , in support of their respective claims of possession. He also directed attachment of the ahata. The attachment was effected on 3rd of July, 1972. Thereafter, in compliance of the preliminary order dated 9th of June, 1972, the applicant, the O. P. No. 1 and the O. P. No. 2 filed written statements.
(3.) IN the written statement filed by the applicant he pleaded that, after the murder of Rama Kant in 1966, there arose the problem about the management of the temples and the property attached thereto as Pandit Madan Mohal Lal, brother of Rama Kant, was very old and feable. The applicant pleaded that he was, therefore, appointed pujari of the temple and he started doing that wort since July or August, 1967, and since then the temples and the Kothris existing in the campus were in his exclusive physical possession. He further pleaded that on 6th June, 1972, O. P. Nos. 1 and 2 took forcible possession over one Kothri and wanted to evict him from the rest of the premises.;