DEVKI NANDAN Vs. RAMSWAROOP AND OTHERS

JUDGEMENT

(1.) This special appeal under Sec. 18 of the Rajasthan High Court Ordinance, 1949, has been presented by Devki Nandan against the order dated 31st Oct., 1991, passed by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 4768 of 1990, whereby, the said writ petition filed by Ram Swaroop was allowed; the order of the Commissioner, Devasthan, Udaipur, dated 17th July, 1990, was set aside; and that of the Assistant Commissioner, Devasthan, Udaipur, dated 8th May, 1989, was restored.

(2.) It is a matter of history of former Jaipur State that Maharaja Jagat Singh ruled Jaipur State from 1803 to 1818 AD, and his son Maharaja Jai Singh, from 1818 to 1835 AD. Late Maharaja Ram Singh was grandson of Maharaja Jagat Singh, and he succeeded to the throne of Jaipur State in the year 1892 AD. At that time, Maharaja Ram Singh was a minor and the State was being managed by a 'Minority Administration'.

(3.) After a careful reading of the 'Patta' (Ex. 1), we are of the opinion that the sum and substance of its recitals are that the deceased Maharaja, after purchasing land from Malis, had constructed 'mahal' for the residence of Maji Seventh Bhataniji and 'Bagichi' and house on land measuring 3 Bighas and for 'Bagichi' 3 bighas. This property was situated outside Kishanpole, Jaipur. A memorandum under signatures of Deewans regarding assurance for grant of six bighas charity land with effect from miti Bhadwa Sudi 3 Samvat-1893 to Swami Ramballabh, Chela of Swami Ramjidas, Ram Sanehi, was received by the committee. It was ordered that with effect from the summer crop of Samvat-1892 'Parwana' be issued to the effect that the aforesaid six bighas land would be treated as charity- land. Parwana was handed over to the ruler, and it was not to be demanded back, and the land was to be treated as charity-land with effect from the summer crop of Samvat 1892. In accordance with the assurance of miti Baisakh Budi 6 Samvat 1893 through Sampat Ram Deewan, this Parwana was ordered to be issued of the charity-land for Swami Ram Ballabh, Chela, Swami Ramjidas in accordance with the memorandum signed by Deewans with effect from Bhadwa Sudi 6 Samvat 1893. In accordance with the above orders, "Parwana" treating this land as charity-land, had been executed on miti Baisakh Budi 1 Samvat 1893. Request was again -made regarding 6 bighas land for signatures of Deewans. Thereupon, seals of the ruler were affixed on the 'Patta' and the usual mode of signing by writing the word, 'Sahi' was made with an insigna of sword on Patta (Annex. 1). This is how the above six bighas land with aforesaid structures on it, was granted during the minority of the former ruler of Jaipur State Maharaja Ram Singh in favour of Swami Ramballabh, Chela of Swami Ramjidas, Ramsanehi.