JIN KUSHAL GURU PRACHEEN DADAWADI BHAKTJAN SAMITI, JODHPUR Vs. CHETANI VYASON KI BAGICHI NEELKANTH MAHADEV TRUST, FATEHSAGAR, JODHPUR

JUDGEMENT

(1.) The defendant has approached this Court by way of present revision petition under Section 115 CPC being aggrieved of the order dated 11/11/2008, whereby, the learned trial court of Civil Judge (Jr. Div.), Jodhpur City, Jodhpur rejected the defendant's application under Order 14 Rule 2 CPC read with Section 151 CPC seeking to raise the jurisdictional question before the trial court in respect of eviction suit no. 80/2000 - Chetani Vyason Ki Bagichi Neelkanth Mahadev Trust, Fatehsagar, Jodhpur vs. Shri Jin Kushal Guru Pracheen Dadawadi Bhaktjan Samiti, Jodhpur, filed by the plaintiff respondent by framing additional issue for deciding the jurisdictional issue before hand since according to the defendant, the suit itself was not maintainable as barred by Section 29 and 73 of the Rajasthan Public Trusts Act, 1959 (for short 'the Act of 1959').

(2.) The learned trial court had rejected the said application with cost of Rs. 200/- by the impugned order on the ground that issue nos. 7-A, 7-B and 7-C are mixed questions of fact and law and, therefore, deserve to the decided only after evidence is led by the parties and hence application under Order 14 Rule 2 CPC was liable to be rejected.

(3.) Mr. S.C.Maloo, learned counsel for the petitioner defendant submitted that the dispute is between the two public trusts namely; plaintiff-Chetani Vyason Ki Bagichi Neelkanth Mahadev Trust, Fatehsagar, Jodhpur and defendant - Shri Jin Kushal Guru Pracheen Dadawadi Bhaktjan Samiti, Jodhpur for which vide order dated 18/12/1996 in case no. 11/86 the Assistant Commissioner, Devasthan Department, Jodhpur after holding due inquiry in terms of Section 18 of the Rajasthan Public Trusts Act, 1959, after contest put up by the present plaintiff, has clearly held in favour of defendant that the defendant - Shri Jin Kushal Guru Pracheen Jain Dadawadi existed on the said land in question ever since last more than 200 years viz. Samvat Year 1866 equivalent to Christian year 1809 and inter alia said Trust, which was registered as a Public Trust by the same order dated 18/2/1996 had a possessory title ever since on land measuring 24190 sq. ft. of land including said 'pracheen Jain Dadawadi', whereas, the plaintiff Chetani Vyason Ki Bagichi Neelkanth Mahadev Trust, Fatehsagar, Jodhpur only claimed possession of the land in question on which Neelkanth Mahadev temple was constructed for about 100 years ago i.e. after the said 'Dadawadi' came into existence in Samvat Year 1866 about 200 years back from now.