STATE OF BIHAR Vs. KASTURBHAI LALBHAI

JUDGEMENT

(1.) This revision application is directed against the order of the Subordinate Judge, Hazaribagh dated 28-4-76, by which he rejected the claim of privilege made by the State of Bihar (defendant No. 7) in respect of documents specified at item Nos. 2, 3, 6 and 7 of the application, dated 30-7-75 filed on behalf of plaintiffs of Title Suit No. 23 of 1968.

(2.) Opposite party Nos. 10 to 14 are plaintiffs in Title Suit No. 23 of 68. Another Title Suit No. 10 of 67 brought by opposite party Nos. 1 to 9 has been made analogous to Title Suit No. 23 of 68. Opposite party Nos. 1 to 9, who repre- sent the Swetambar Jain Sect are managing Seth Anandji Kalyanji Trust. They brought Title Suit No. 10 of 67 impleading six persons representing the Digambar Jain Sect as defendant Nos. 1 to 6 (two out of them are dead) and the State of Bihar as defendant No. 7 for a decla- ration that the Digambar Jain community has no right to make any construction of temple or Dharamshala etc. on the Parasnath hill and for a permanent Injunction restraining them from making any such construction on the hill and for mandatory injunction for removal of the construction already made. 5 members of the Digambar Jain Sect filed Title Suit No. 23 of 68 against the State of Bihar as defendant Nos. 1 and 9 plaintiffs of Title Suit No. 10 of 67 as remaining defendants challenging the agreement entered into by the State of Bihar with Swetambar Jain Sect in the year 1965 as null and void and not binding on the Digambar Jain Sect.

(3.) The case of the Swetambar Jain Sect in Title Suit No. 10 of 67 is that the Parasnath hill having an area of 23 sq. miles was purchased by Seth Anandji Kalyanji Trust from the ex-intermediary, the Raja of Palganj in the year 1918. The hill remained in possession of Seth Anandji Kalyanji Trust from 1918 to the year 1953. By notification dated 2-5-53 the proprietary interest of the Anandji Kalyanji Trust vested in the State of Bihar and subsequently the general notification of 1955 covered Hazaribagh district in which village Parasnath lay. On the issue of the notification of 1953 Seth Anandji Kalyanji Trust made several representations to the State of Bihar contending that the whole of the Parasnath hill was a religious institution and therefore, it did not vest in the State. There was an agree- ment dated 5-2-65 between the Trustees of Seth Anandji Kalyanji Trust representing the Swetambar Jain Sect and the State of Bihar by virtue of which an area of half a mile radious round about the temple on the hill was excluded from demarcation of the Forest Depart- ment. Out of the income of the whole of the Forest 40 per cent was to go to the State and the remaining 60 per cent to the Swetambar Jain Sect in lieu of compensation. The Digambar Jain Sect also claims right over the said hill including the right to construct Dharamshala and temples for installation of idols like that of Bhomiyaji and other deities, which the Swetambar Jain Sect does not approve. Hence, the aforesaid two Title Suits were filed by the Swetambar and Digambar Jain Sects respectively.