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1. This appeal is directed against the judgment-and decree dated 13-8-1984 of First Additional District Judge, Raipur, passed in Civil Appeal No. 30-A of 1976, whereby, while setting aside the decree of the trial Court, the plaintiffs suit for declaration that Shri Kuleshwar Mahadeo Temple, Nawapara (Rajim) and its property vests in the Plaintiff-Committee (a Trust) has been decreed.

2. The brief history of the case is that the plaintiff-respondent is a Public Trust and it filed a suit through its Working Trustee Mahant Laxminarayan Das on 29-1-1975 with the assertion that the plaintiff is a Public Trust registered under the M. P. Public Trusts Act, 1956. That, the temple of Kuleshwar Mahadeo is situated in a place where the three rivers, i.e. Mahanadi, Sodhu and Pairi, meet together. The temple and its properties are vested in the plaintiff-Committee, vide judgment passed in First Appeal No. 73 of 1920, on 12-4-1921, by the Court of Judicial Commissioner of Central Provinces.

3. The defendants have denied the claim of the plaintiffs and pleaded that Shri Kuleshwar Mahadeo Temple was their family property and they have a right to perform worship and this right continued in their family for the last many generations.

4. The trial Court has held that the suit had been filed without the consent and connivance of the trust committee and that the working trustees have not been duly elected by the beneficiaries and the members of the trust. The value of the property is nearly Rs. 26,000/-; that the defendants are Pujaris of the said temple; they have got a right to collect the offerings made by the devotees; that the plaintiffs have no right to oust the defendants and they have further no right to disturb the possession of the defendants. Accordingly, the suit was dismissed.

(ii) that, value of the property was Rs. 26,000/- and, therefore, Civil Judge (class II), had no jurisdiction to try the suit; and
(iii) that, the suit was arbitrarily valued at Rs. 800/-.

8. The suit was filed for and on behalf of the trust committee by working trustee Shri Mahant Laxminarayan Das. The suit was dismissed vide judgment and decree dated 30-3-1976 of the trial Court. An appeal was filed and, during the pendency of the appeal, an application Under Order 41, Rule 27 of the Code of Civil Procedure, for admitting documents and taking additional evidence, was filed. The First Additional District Judge, Raipur, rejected the application and dismissed the appeal on 25-8-1976. Thereafter, a Second Appeal was filed in the High Court. The High Court accepted the application Under Order 41, Rule 27 of the Civil Procedure Code and remanded the case for fresh decision, vide order dated 19-7-1980. Thereafter, the first appellate Court has decreed the suit.