JAGDISH PRASAD Vs. CHINMA RAM MANTRI CHARITY TRUST

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Both these appeals are decided by this common judgment. The plaintiff trust filed the suit for cancellation of sale deeds dated 16.4.1979 and 21.6.1979. The suit was filed through trustees. The plaintiffs' case is that the suit property was purchased by the plaintiffs' ancestors from the then State of Bikaner for which a patta was issued in the Samwat Year 1916 and they constructed dharamshala and other related constructions for the beneficial use of the property including installing some chhatariyas and the land was used as funeral ground for dead bodies of the plaintiffs' family members. They also constructed temples in the property and a private trust deed was executed on 8.11.1965 which was got registered on 10.11.1965. The trustees appointed one Nanag Ram, ancestor of the defendant, as part time pujari and was allowed to live in some of the accommodation of the trust property. After narrating facts in detail about the property, the plaintiff stated that Nanag Ram died on 20.2.1977 and thereafter his family members started creating nuisance. The defendant no.1 son of Nanag Ram, even executed a sale deed on 16.4.1979 in favour of the defendant no.4 for sale of land measuring 3871 square yards and thereafter, the defendant no.4 executed another sale deed in favour of the defendant no.5 on 21.6.1979. The plaintiff, therefore, filed the suit for cancellation of the above sale deeds and for eviction of the defendants.

(3.) The defendants plea was that they are in possession of the suit property since last more than 12 years, therefore, their possession had perfected in title by adverse possession. However, the defendants admitted that Nanag Ram was doing sewa puja in the temple.