Excerpt
The Petitioner in the present case has filed a suit against the respondent for not being able to exercise their rights in Mandir Shree Kalkaji. The Delhi High Court after hearing the case appointed the Receivers.
Facts
In one family being several years old and having centuries-old Kalkaji Mandir and their age-old home (bari), there are a number of baridars (owners and heirs) and one late Mr Ram Swaroop has several heirs. The present case deals with the dispute between the heirs of late Mr Ram Swaroop and related to their share of rights and revenues in the bari and from the offerings in the mandir. On 28th October 2014 by Civil Judge-5, West District, Tis Hazari Courts, New Delhi passed judgment in a suit filed on the same dispute where it was held that the petitioner is the legal heir of late Mr Ram Swaroop. Despite the fact the respondent no. 1 of the present case is unwilling to permit the petitioner to enjoy the rights of the bari and the Kalkaji Mandir because the respondent does not consider the petitioner as a legal heir of the bari as he is the son of a female heir of the family.
Petitioner’s Arguments
Petitioner has argued that he is not being allowed to exercise his rights in the bari in dispute. Being a woman heir’s son petitioner is considered as a person unable to enjoy the rights qua the said bari. Although there is an earlier judgment passed by the trial court dated 28th October 2014 where the petitioner’s share was determined as 1/6th, the petitioner is not being permitted to participate and take his fair share. Thus petitioner has prayed for court receivers to be appointed.
Respondent’s Arguments
The decree received by the trial court resulted in the dismissal of the suit and the trial court in the decree did not recognise the Petitioner. One of the respondents stated that the dispute is between the heirs of one member of the family, i.e., late MR. Ram Swaroop and no other branches of the family.
Court’s Observations
The Court while hearing the present petition considered the judgment in the case of Neeta Bhardwaj and ors. v. Kamlesh Sharma that the women legal heirs are entitled to exercise their bari and perform puja rights and further that receivers were appointed to assess various donation boxes in the temple. There are 70 litigations pending before the trial court in respect of the dispute for Kalkajii Mandir. The baris are auctioned and few purchasers also bid for exercising the baris. The court, therefore, is seized for passing any appropriate direction in this matter. Respondent no. 1 has monopolised the bari and rights related to it. Moreover, the respondent is also not providing any proper accounts qua the said bari.
Court’s Decision
The single-judge bench in this court has passed directions to the court receivers to assess the donations and offering etc., in the Kalkajii Mandir. The court receivers are the same as appointed earlier by the Trial Court. The period of their appointment as ordered by the court is till 22/23rd April 2021. The two receivers are permitted to visit the Madir to put locks on the donation boxes and take all required steps to assess the offerings, donations, and also the the-bazari. Further, the receivers will determine that currently who is running the bari and in which manner and they will file a report on the same after their appointment period is over.
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