VINEET KOTHARI,J. - (1.) THIS appeal U/s 96 CPC is directed against the judgment and decree dated 02.02.1988, by which the learned District and Sessions Judge, Jhalawar decreed the suit for possession in favour of the plaintiff-Idol Shri Radha Krishan, who filed a suit for possession through next friend Shri Ram Swaroop S/o Shri Raghunath Ji Vijayvargiya against the three brothers (defendants)-Shri Ram Gopal, Shri Mishri Lal and Shri Pyare Lal, all sons of Bhanwar Lal Brahmin.
(2.) CIVIL Suit No. 16/1982 was filed by the plaintiffs seeking possession of the property, a residential house, three shops and vacant land (Bada) situated at Rasta Mochi Pada in Jhalawar. The property in question originally belonged to one Mohd. Khan, whose grandson Sawai Khan vide a Gift Deed (Hibba) gifted the said property to five Panchas representing the Vijay Vargiya community, earlier known as "Bijan community" including the residential house situated adjacent to the said temple, which was also constructed by the said Mohd Khan and property in the form of three shops and one well (Kuian) and a vacant land (Bada) situated opposite the road, on which the said temple of idol Radha Krishna is situated and the possession of the said property was handed over to the said Idol represented through said five Panchas of Vijay Vargiya community. Accordingly, to the plaint, besides the aforesaid property described in Ex. 14 and 15, given in gift by the said Mohd Khan under a Gift Deed (Ex. 1) executed by his grandson Sawai Khan, Panchayat Vijay Vargiya had purchased another vacant land (Bada) situated behind the temple itself for a sum of Rs. 10/- only and after obtaining permission for raising construction on 17.05.1939 the said Panchayat had also constructed a latrine (Sandas) in the year 1939-40. In the year 1943, the said Panchayat Vijay Vargiya had appointed Bhanwar Lal, father of the three defendants as Poojari for doing Seva Pooja in the said temple of Lord Radha Krishna and he did the said job for about 2-3 years and after him, his son Mishri Lal and Pyare Lal also did Seva Pooja. Since these persons were doing the job of Seva Pooja, the Panchayat Vijay Vargiya allowed the family members of Bhanwar Lal to live in the aforesaid property gifted by Mohd. Khan/Sawai Khan in the form of one house, three shops and vacant land (Bada), in which the defendant No. 1. Ram Gopal-another son was also living with the other family members and in the vacant land, the live stock animals of Mishri Lal were also being kept. According to the plaintiffs on account of dis-satisfactory work of these Poojaries, they were removed from the said job on 24.08.1979 after a resolution to this effect was passed by the Panchayat Vijay Vargiya and they were asked to vacate the property and premises occupied by them and a notice to this effect was given by the Advocate on behalf of the plaintiffs on 26.04.1982, which they refused to take and thus the cause of action for filing the present suit arose to the plaintiffs and thus suit for possession was filed.
(3.) ACCORDING to the defendants, who filed a written statement in the trial court, the defendants disputed the aforesaid position and denied that the said property was given in gift (Hibba) to the Panchas of Bijan (Vijay Vargiya community). The defendants also stated in the written statement that they were not living in the said property under the licence from the plaintiffs and have also stated that since plaintiffs' trust is not registered under the provisions of Religious Trust Act, the suit could not be maintained. The question of locus standi of plaintiff No. 2-Ram Swaroop was also raised before the trial Court. In the special pleas, the defendants also raised the plea of adverse possession that they were living in the said property for over 40 years in a peaceful and undisturbed manner and that the suit was filed because one of the defendants Pyare Lal had filed a criminal complaint against plaintiff No. 2-Ram Swaroop and other members of the said community U/s. 107 Cr.P.C.;