SHIV KUMAR Vs. BOARD OF REVENUE AND OTHERS

JUDGEMENT

(1.) Instant intra-court appeal has been filed against the order of ld.Single Judge dt.30.08.2013 affirming the findings recorded by the Divisional Commissioner and the Board of Revenue and concurrent finding of fact has been affirmed at three stages, is a subject matter of challenge in the instant intra-court appeal.

(2.) The brief facts which have been noticed by the ld.Single Judge in the order impugned depicts that on 04.12.2002 Seth Jugaldas Generiwala Charitable Trust moved an application before the Sub-Divisional Officer, Nawalgarh stating that on 01.06.1965 family of Generiwalas consisting of 56 members created Seth Jagannath Rai Hardev Das Charitable Trust for the purpose of charitable causes. The members donated several properties including 50 bighas of land situated in village Mukandgarh, which is subject matter of challenge in the instant proceedings. The trust was registered with the Devasthan Department on 31.05.1966 and in the trust-deed, the property in question has been mentioned as Annexure-B. It was further claimed in the application, submitted by the members of the trust, that since the year 1965-66, Trust is looking after the properties in question and the properties are also in its possession. At one stage, the trustees decided to merge the trust into another trust Seth Jugaldas Generiwala Charitable Trust, respondent No.5, vide resolution dt.20.07.1999 and on account of the merger, all the properties of the former trust were transferred/vested upon the respondent No.5-Trust. It was accordingly prayed that mutation be sanctioned in the name of the Trust-respondent No.5 in respect of the property belonging to it situated in village Mukandgarh.

(3.) When the Sub-Divisional Officer, Nawalgarh failed to decide the application at that stage, the Trust made a complaint before the Divisional Commissioner, Jaipur and vide order dt.11.04.2001 the authority directed the Sub-Divisional Officer, Nawalgarh to decide the application on merits but that application came to be rejected by the authority vide order dt.16.04.2001.