JEEWAN SINGH Vs. BHOOR SINGH BAGH SINGH TRUST

JUDGEMENT

(1.) Both the instant intra court appeals since arises from the self same judgment passed by learned Single Judge dt.04.12.2012 hence with consent of the parties have been heard together and are being disposed of by the present order.

(2.) The factual matrix of the matter has a chequred history but the brief facts which are relevant for disposal of the instant intra court appeals are that Thakur Takhat Singh of Mulsisar died issue-less on 05.05.1970 and left a will dt.22.03.1965 & codicil dt.28.04.1969 whereby movable & immovable properties were to be devolved to a charitable trust namely Bhoor Singh Bhag Singh Trust but at the same time it was claimed by the appellant that he has got another will dt.01.05.1970 of the testator on the basis of which he applied before the Ld. District Judge for letter of administration and the trustees of Bhawani Singh Bhag Singh Trust applied for registration of trust on the basis of will dt.22.03.1965 & codicil dt.28.04.1969 before the Assistant Commissioner, Devsthan Department u/S 17 of the Rajasthan Public Trust Act,1959 ("Act, 1959") and the appellant Bhawani Singh opposed the registration of the trust on the basis of being adopted son of late Takht Singh and the appellant Jeevan Singh opposed registration of trust on the basis that he had a will dt.01.05.1970 and the Assistant Commissioner, Devsthan Department taking note of the material on record & the fact that the matter regarding the will on which the parties are placing their reliance is sub-judice before the Ld. District Judge and its decision will be binding upon the parties, keeping that pending adjudication into consideration dismissed the application vide its order dt.12.12.1973, against which appeal came to be preferred before the Commissioner, Devsthan Department but that came to be dismissed on the ground that the dispute was not falling within the definition of order passed u/S 19 of the Act,1959 vide order dt.01.11.1974 and that was the subject matter of challenge by filing writ petition no.339/1974 and the learned Single Judge of this Court vide its order dt.08.08.1978 partly accepted the writ petition and the orders dt.12.12.1973 & 01.11.1974 were set aside but the order of the learned Single Judge was further challenged in D.B. Civil Special Appeal (Writ) No.30/1979 and the Division Bench of this 1 Court while upholding the operative part of the order of the learned Single Judge further observed that the observations made by the learned Single Judge will not have any adverse effect upon disposal of the testamentary proceedings pending before the Ld. District Judge and accordingly dismissed 5 the special appeal with the observations made vide order dt.19.07.1989.

(3.) The Assistant Commissioner thereafter took up the matter for registration & finally dropped the proceedings vide its order dt.16.03.1982 and that again came to be challenged before the Commissioner, Devsthan who directed the Assistant Commissioner to initiate proceedings for registration n vide its order dt.19.08.1983, in compliance thereof and after the matter was remitted the learned Assistant Commissioner, Devsthan rejected proceedings for the registration/trust vide its order dt.12.12.1985 and it will be appropriate to quote extract thereof which reads as under