DILIP GUPTA, J. - (1.) A Suit filed in the year 1963 under Section 92 of The Code of Civil Procedure, 1908' (hereinafter referred to as 'CPC') for removal of defendant Nos. 1 to 4 from the Shebaitship and Trusteeship of the Temple of Sri Thakur Radha Ballabh Ji Maharaj situated in Vrindaban and for framing of a Scheme for appointment of Board of Trustees and vesting the properties of the deity in them has given rise to this First Appeal filed under Section 96, CPC. The preliminary decree was passed on 30th November, 1971 and the final decree was passed on 20th November, 1978. Under the final decree a Scheme was framed and the present First Appeal was filed by plaintiff No. 2 against this decree.
(2.) EARLIER , First Appeal No. 206 of 1971 was filed by defendant No. 1 Goswami Sukumari Lal against the preliminary decree. Cross-objections were also filed by the plaintiffs. The said First Appeal was dismissed with costs by the judgment and decree dated 3rd January, 1973. However, the cross-objections were partly allowed and defendant No. 1 was directed to render correct and faithful account of his dealings with the income of the deity to the Board of Trustees to be appointed under the Scheme of Management. The rest of the preliminary decree dated 30th November, 1971 was affirmed. Original Suit No. 1 of 1963 was filed by two plaintiffs after obtaining the consent of the Advocate General. It was pleaded that Hit-Harvansh Ji Maharaj propounded the tenets of a new cult known as Radha Ballabh Sampradaya in the 16th Century. He founded the worship of the deity of Sri Thakjjr Radha Ballabh Ji Maharaj for the spiritual benefit of the followers of the Sampradaya and nominated his son Goswami Banchandra as the Manager and Shebait of the said deity. During the Sewapuja of Goswami Banchandra, a devotee by the name of Sunder Das of Delhi constructed a red stone temple at Vrindaban and the deity of Sri Thakur Radha Ballabh Ji Maharaj was installed in the said temple during the first quarter of the 17th Century. The temple was desecrated during the reign of Mughal Emperor Aurangzeb. One devotee Seth Lallu Bhai Lal Bhai of Bharoach constructed a new temple and dedicated it to Thakur Ji and the deity was installed in this temple. Ever since then, the worship of deity is continuing in the said temple at Vrindaban. The devotees of Thakur Ji, from time to time, beautified the temple premises. A'Golak' was also kept in the temple for receiving cash offerings from the devotees. The Sewapuja of the deity consists of seven 'Artis' which are performed daily in the temple. It was, therefore, claimed that the temple was a public temple and the public had a right to worship and have darshan of the deity and to make offerings.
(3.) IT was also alleged in the plaint that Goswami Banchandra had four sons and the eldest son Goswami Sunder Das became the Shebait of the Temple after his death. The eldest son of Goswami Sunder Das was Goswami Damodar Das who had two sons Goswami Ras Das from one wife and Goswami Bilas Das from another wife. In the course of time the Sewapuja of the deity and the management of the properties of the deity came to be actually performed by the descendants of Goswami Ras Das and Goswami Bilas Das who came to be popularly known as Ras Banshi and Bilas Banshi respectively. In actual practice, the Sewapuja and management was carried out by one representative of each of these two branches in alternative months and these representatives assumed the title 'Adhikari' and began to lay claim on the Sewapuja and the management of the temple and its properties. The plaintiffs asserted that this claim was wrong and unfounded.;