S.K.Phaujdar, J. - (1.) The petitioners in this case are aggrieved by an order dated 8.12.98 as per Annexure No. 6 to the Writ Petition recorded by the District Judge, Pauri Garhwal, whereby he had rejected the prayer of the petitioners to have them substituted in the place of their defendant father in Civil Appeal No. 5 of 1997. The suit in question was filed by a religious trust for ejectment of Sri Bhagwat Datt Misra (the father of the petitioners) from a Temple of the Trust. The suit was decreed against the defendant who preferred the aforementioned appeal before the District Judge. During the pendency of the appeal the original defendant-appellant died and his two sons filed an application for substitution which was rejected by the impugned order.
(2.) The suit was filed upon a claim that the property in dispute was a trust property and the original defendant was only a pujari and his services as pujari were terminated by the trust authorities on the ground of mis-management. It was the defence of the original defendant that there was no mention in the trust deed regarding the conditions under which or the authority by whom the services of the pujari could be terminated and as such the suit was not at all maintainable. It was urged here that a question would always rise if the post of pujari was inheritable or not.
(3.) The District Judge, however, was of the view that the right of residence of the original defendant in a trust property was a personal one and upon his death the right to sue did not survive and hence the appeal had abated on the death of the sole defendant-appellant.;