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2. It is stated by the plaintiff in its plaint that one Mst. Niazi Khanam was the owner in possession of 16 biswas, pukhta, agricultural land and a pakka well on a part of it situated in Sadhohra Kalan, Subzi Mandi, Delhi having inherited the same from her father.

3. As per the memo of parties, the suit has been instituted by IDOL Sadashiv Bhola Nathji Maharaj through its sole surviving Trustee, Shri Mangal Singh. The facts leading to the filing of the instant suit are as follows:

38. The issuewise findings are as under:

Issue No.4 is being decided before other issues since the findings in this issue would be necessary to determine other issues.
Issue No.4: Whether the Plaintiff is the owner of the suit property? OPP.

39. Onus to prove the issue is on Plaintiff. In support of its case, the plaintiff has relied upon the statement of its witness, Sh. Mangal Singh Jaiswal, i.e., PW1. PW1 has averred that he was the sole surviving trustee of Idol Sada Shiv Bhola Nath Ji Maharaj and therefore, was deposing upon the facts of the case. In order to prove the title of the Plaintiff and locus standi of the Trustee (Mangal Singh) to institute the suit, PW1 relied upon the (Idol Sadashiv Bhola Nathji Maharaj Vs Tej Singh etc)                   (page 16 of 68)     following documents:(1) Attested true copy of the Sale Deed dated 23.09.1871, Ex.P1 (executed by Niari Khanam) and its translation Ex.P-1/T - duly registered on 25.09.1871 in respect of 10 Biswas Pukhta Agricultural land and Pacca Well in favour of Shri Ram Dhan alias Ram Deen s/o Nihal Chand and Shri Mohan Lal s/o Ram Dhan [from his first wife (caste Kalal (later known as Jaiswals)] for a consideration of Rs.50/- only.

48. The Defendants have contended that the Plaintiff has no locus standi to file the suit in absence of any legal right in respect of the suit property. It is averred by Defendants No. 1 to 5 that the suit has been instituted by the Trustees who have no right in the suit property and, therefore, the suit has not been properly instituted.
49. Perusal of the Plaint reveals that the suit was originally instituted by Idol Sadashiv Bhola Nath ji Maharaj represented by Sh Mangal singh Jaiswal, its Manager cum Sole surviving Trustee. Ld. Counsel for the plaintiff has placed reliance upon the judgment in the matter of Vishwakarma Mandir Trust Vs. MT. Munnu Devi and Ors, AIR 1986 Patna 158, wherein it has been held that "deity being a juristic person, the suit by a trustee being a Manager or the person involved with the state of affairs will be a competent person who can (Idol Sadashiv Bhola Nathji Maharaj Vs Tej Singh etc)                   (page 28 of 68)     maintain the suit alone".
105. The suit was instituted by the sole surviving trustee Shri Mangal Singh and subsequently, vide order dated 05.10.2013, the application of the Plaintiff for impleadment of newly appointed Trustees was allowed.

The objection of the Defendants that when there are more trustees than one, all must join in the execution of the Trust, is without any substance as the Defendants have failed to explain as to how the said objection is applicable to the facts and circumstances of the instant case nor have lead any evidence on the said issue.