RAM BHAROSE SHARMA Vs. MAHANT RAM SWAROOP

JUDGEMENT

(1.) These two appeals arise from two judgments and orders of the Division Bench of the high Court of Rajasthan at Jaipur. Civil appeal No. 1616 of 1994 is from the judgment and order of the said High Court in D. B. CWP no. 2150 of 1992 dated 1/09/1992 and Civil Appeal No. 1634 of 1994 is from the judgment of the Division Bench in D. B. Civil special Appeal (Writ) N6.44 of 1992 dated september, 1992. The subject-matter and the contesting respondent are common in these appeals.

(2.) To comprehend the controversy in these appeals, it will be useful to refer to the facts giving rise to them. The appllants in these appeals are that tenants of the first respondent in different portions of the Jagir property. They have suffered orders of eviction and are up in arms against him. They have lodged two prongs attack on his title to the Jagir property which will be referred to presently.

(3.) In Samvat 1893, on the request of one Swami Ram Ballabh, land of an extent of 6 bigh as and 4 biswas situated in Town Sawai jaipur, outside Kishanpole, was granted as 'udak Jagir' (referred to in this judgment as 'the Jagir property') by the Seventh Maji bhattiyaniji of Jaipur, during the period of minority of the ruler, in favour of Swami Ram ballabh, a chela of Swami Ram Dassji Ram snehi. The first respondent claims that the said grant was a personal grant in favour of Ram ballabh and riot in favour of any institution. The appellants contest that claim and plead that it was a grant to a religious institution which came to be known as 'chotta Ram Dwara' or at any rate a grant in favour of all those professing Ram Sanehi sect. It is not in dispute that after the grant of the Jagir property to ram Ballabhi, matmi (succession) to the same was being granted on the death of the holder in favour of his Chela (disciple) by the Ruler or the State, as the case may be, but it is stated that all of them were Ram Sanehi and remained celibates throughout their lives. The present disputes arose on the death of Ram Narain das in 1954, who was the last holder of the jagir property and a celibate when his Chela, the first respondent, a married person, claimed matmi (succession) in his favour under Jaipur matmi Rules, 1945 which were applicable during the relevant period. The apparent reason for opposing his succession is that he had married. However, the State Government sanctioned matmi in his favour on 9/10/1964.