MOTI LAL Vs. MAHENDRA PRAKASH

JUDGEMENT

(1.) SINCE , a eviction decree has been passed against the appellant -defendant, the defendant is in second appeal before this Court and the proceedings also indicate that the house in question, prima facie, is a Devasthan property and is situated at Shree Thakurji Ranawat Ji Ka Mandir, Hathi Ram Ka Oda, Jodhpur. The civil suit under Sec. 22 of the Rajasthan Public Trust Act filed against the Devasthan Department namely, Civil Original Suit No. 90/2007 Ram Gopal Sharma & Ors. vs. State of Rajasthan & Ors., in relation to the same house was dismissed by the learned Court of Additional District (Fast Track) -2, Jodhpur on 30.08.2008 against which, an appeal filed by Ram Gopal Sharma is said to be pending against the State of Rajasthan.

(2.) PRIMA facie, since the house in question belongs to the Devasthan Department, but since an eviction decree is passed by the competent Court in respect of a house given on rent by one Bhanwar Lal in favour of plaintiff Mahendra Prakash who is the son of aforesaid Bhanwar Lal, therefore, let a notice be issued to the Assistant Commissioner, Devasthan Department, Jodhpur, who is directed to remain present before the Court to apprise the Court about the regular deposit of the rent of the house in question with the Devasthan Department by the defendant -appellant Moti Lal and also explain the status of Bhanwar Lal and plaintiff Mahendra Prakash, as to in what capacity eviction suit has been filed by them. The original record in relation to the said Mandir Property along with details of other eviction proceedings and recent photographs of the site be kept ready at the time of hearing by the Assistant Commissioner, Devasthan Department.