NAND RAM Vs. SHANKHESWAR PARSHVNATH MANDIR

JUDGEMENT

(1.) This writ petition has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the respondent/plaintiff [Shri Shankheshwar Parshavnath Mandir (Mandir Parshvanath) Pratapgarh through the then Trustee Dhanpal Son of Kesri Mal Hadpawat] instituted a suit, originally, against father of the petitioners/defendants under Sec. 183 and 188 of the Rajasthan Tendency Act, 1955 for possession and also seeking permanent injunction in respect of the land bearing khasra no.240 to 244 & 248 to 250, before the Assistant Collector, Pratapgarh. Since the original plaintiff Radhey Lal Mali expired during pendency of the suit, his legal heirs (the present petitioners) contested the said suit.

(3.) Learned counsel for the petitioners/defendants submitted that the learned Assistant Collector has not decided the suit, while duly appreciating the documents and evidences presented by the petitioners/defendants before it. As per learned counsel, the ancestors of the petitioners/defendants were in possession of the land in question for last 50 years, as reflected in the relevant revenue records.