Punjab and Haryana High CourtCivil Procedure and EvidenceProperty and Real Estate Law

P&H HC Upholds Removal Of Manager Who Claimed Temple Trust’s ₹1.52 Lakh Land-Acquisition Compensation As His Own

Darshan Lalv.Om Parkash

P&H HC Upholds Removal Of Manager Who Claimed Temple Trust’s ₹1.52 Lakh Land-Acquisition Compensation As His Own. Darshan Lal vs Om Parkash. Punjab and Haryana High Court. LawLens
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In brief

The question

1. Whether a suit under Section 92 CPC was maintainable to remove the appellant as manager, given the dispute over the existence of a public religious trust and the plaintiffs’ standing.

The court held

The High Court held that the Section 92 CPC suit was maintainable, the temple property belonged to Thakar Dwara, and the appellant had not acquired title by adverse possession.

It also directed

Finding no question of law warranting interference, it dismissed the second appeal and disposed of any pending applications.

It also directed the Deputy Commissioner, Ferozepur, to manage the trust’s affairs by appointing a committee.

01Facts

The plaintiffs, residents and worshippers of Dharamkot, brought a suit under Section 92 CPC seeking the appellant’s removal as manager of Thakar Dwara Nauhrian and appointment of another manager.

p. 2

They alleged that the temple and its land were public religious trust property and that the appellant breached his duties by claiming as his own compensation awarded for land acquired from the temple property.

p. 2

The appellant claimed ownership through his predecessors and denied that the temple was a public trust.

pp. 3–4

The trial court decreed the suit, and the first appellate court dismissed the appellant’s appeal.

pp. 5–10

In this second appeal, the High Court considered the concurrent findings that the property belonged to the temple and that the appellant was its manager, not its owner.

pp. 5–10

02Issues

i.1. Whether a suit under Section 92 CPC was maintainable to remove the appellant as manager, given the dispute over the existence of a public religious trust and the plaintiffs’ standing.

pp. 7–9, 11–16

ii.2. Whether the appellant had established ownership by adverse possession, or whether the concurrent finding that the property belonged to Thakar Dwara should be disturbed in second appeal.

pp. 5–10

iii.3. Whether the suit was defective for non-joinder of the temple’s idol.

p. 7

03Law Applied

Section 92 CPC permits persons having an interest in a public trust created for charitable or religious purposes to seek specified reliefs, including removal of a trustee or manager, where there is a breach of trust or the court’s direction is necessary for proper administration.

pp. 9–10, 16

Relying on Ashok Kumar Gupta v. M/s Sitalaxmi Sahuwala Medical Trust, 2020 AIR (SC) 1257, the Court identified three requirements: a public charitable or religious trust; a breach of trust or need for the court’s direction; and a claim for one of the reliefs listed in Section 92 CPC.

p. 9

A claim of adverse possession requires proof of when possession became open and hostile to the true owner; permissive possession as manager does not, by itself, become adverse.

pp. 6–7

In a regular second appeal, concurrent factual findings supported by evidence do not warrant interference absent an error of law; the Court found no question of law arising here.

p. 10

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 92

04Reasoning

The Court found the trust’s public religious character supported by the appellant’s earlier pleadings and testimony acknowledging that the temple owned the property and that he served only as its pujari or manager, as well as by the revenue records.

pp. 4–6, 8–9

The appellant’s claim to the acquisition compensation as his own was inconsistent with that role and constituted a breach of trust; the plaintiffs, as local worshippers with an interest in the temple, could seek relief under Section 92 CPC.

pp. 9–10, 16

The adverse-possession claim also failed because the appellant remained in permissive possession as manager and did not prove an open, hostile claim against the temple.

pp. 6–7

The Court accordingly found no basis to disturb the concurrent findings or to treat the suit as legally defective.

pp. 10, 15–16

05Holding

The High Court held that the Section 92 CPC suit was maintainable, the temple property belonged to Thakar Dwara, and the appellant had not acquired title by adverse possession.

p. 10

Finding no question of law warranting interference, it dismissed the second appeal and disposed of any pending applications.

pp. 10–11

It also directed the Deputy Commissioner, Ferozepur, to manage the trust’s affairs by appointing a committee.

p. 11
Punjab and Haryana High Court

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Darshan LalvsOm Parkash

Punjab and Haryana High Court · November 05, 2026

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