RAM GOPAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The plaintiff-appellants - Ram Gopal Sharma, Bhanwar Lal Sharma and Nand Lal Sharma sons of Late Banshi Lal Sharma had filed the present first appeal under Sec. 96 Code of Civil Procedure in this Court on 2/12/2008 being aggrieved by the rejection of their Civil Suit No. 90/2007 - Ram Gopal Sharma & Ors. Vs. State of Rajasthan Ors. by the learned trial court of Addl. District Judge (Fast Track) No. 2, Jodhpur on 30/8/2008. Except Ram Gopal Sharma, the two plaintiffs are now represented by their legal representatives.

(2.) The plaintiffs have filed the suit against the State of Rajasthan & its Devasthan Department and the dispute pertains to a Temple known as Thakurji Shri Rajgopal Ji ka Mandir, also popularly known as 'Shri Ranawat Ji Ka Mandir' situated at Hathi Ram ka Oda, Jodhpur and the suit property comprises of a Temple of the deity of Thakur Shri Rajgopal Ji, admeasuring 3798 sq.yards along with a residential unit for Pujari on the land purchased by Maharani Ajab Kumari w/o Maharaja Jaswant Singh II from one Mir Fyaz Ali for Rs. 2787/- and adjacent to it there exists a 'Nohra' admeasuring 3794.13 sq.yards. On the suit premises of entire 7592 sq.yards, besides the Temple, 13 shops and 33 small residential units exist along with a well and the dispute between the plaintiff-appellants and the defendant Devasthan Department is as to whether the said Temple and Nohra is a Public Trust or a Private Temple or Private property of the plaintiff-appellants.

(3.) The present first appeal has a chequered history commencing from Samvat Year 1972 (Calendar Year 1915) and the stand of the defendant Devasthan Department right from 1963 has been that it is not a private Temple but a Public Temple and has been since registered as a Public Trust under the provisions of Rajasthan Public Trust Act, 1959 ( hereinafter referred to as the Act of 1959) by the competent authorities and appeals filed by the appellants have failed, whereas, the plaintiff-appellants seek to claim it as a private property and a private Temple on the basis of the 'Bhaitnama' (Gift Deed) by Maharani Ajab Kumari in favour of their grand father Mahant Madho Das, under Ex.1 Bhaitnama (Gift) in Samvat Year 1972 (Calendar year 1915). The present appeal arises out of the rejection order of learned Addl. District Judge (Fast Track) No. 2, Jodhpur rejecting their suit for declaration, permanent injunction, cancellation of Entry of the said Trust in question as Public Trust under Sec. 21 of the Act of 1959.