YADARAO DAJIBA SHRAWANE Vs. NANILAL HARAKCHAND SHAH DEAD

JUDGEMENT

(1.) This appeal filed by the plaintiffs is directed against the judgment of the Bombay High Court, in Second Appeal No. 164/1968 in which the High Court allowed the appeal, No. 123-A, filed by the defendants, set aside the decree passed by the lower appellate Court and restored the decree passed by the trial Court.

(2.) The appellants filed the suit as representatives of Akhil Digambari Jain community of Village Shirpur, Taluq Washim, District Akola. The defendants who are respondents herein were impleaded as representatives of Swetambari Jain Community of the area. The plaintiffs prayed for the following main reliefs in the suit :

(3.) The case of the plaintiffs sans unnecessary details may be stated thus : There are two fields under Survey Nos. 197 and 198/1 situate at mouza Shirpur, Tq. Washim, District Akola, measuring 2 acres 5 gunthas and 1 acre 22 gunthas, respectively. The two fields adjoin each other. In Survey No. 197 there is a very old Hemadpanthi temple of Sri Antariksha Parshwanath known as Pawli temple. This temple and its precincts spread over 20 gunthas of land were being preserved as an ancient monument by the Archeological Department of Government of India during the period 1925 to 1964. In this field near the temple there is a garden having fruit bearing and flowering trees.