BAJRANGDAS Vs. VISHVA KARMA JANGID PANCHAYAT

JUDGEMENT

(1.) VISHVAKARMA Jangid Panchayat Through its President and Managing Trustee of Vishvakarma Boarding House, Shramikpura, Massoriya, Jodhpur filed a suit against Bajrang Das and others seeking a permanent injunction against the defendant restraining them from interfering with property known as Vishvakarma Boarding House as according to the plaintiff it was a property belonging to Jangid community. A relief was also sought to set aside the decision of Assistant Commissioner, Devesthan declaring the property to be a Public Trust. The defendants filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was essentially one challenging the entries made in the Register of Trust ordered to be made by the Assistant Commissioner of Devesthan and such a suit could lie only in the District Court. This application was allowed by the trial Court holding that it had no jurisdiction to entertain the suit and plaint was returned for presentation to the proper Court.

(2.) THE plaintiffs filed an appeal before the District Court against the aforesaid Order of the trial Court. The appellate Court did not agree with the trial Court that no Civil Court other than the District Court had jurisdiction to entertain the suit. The appeal was allowed and the plaint was returned to the trial Court for disposal in accordance with law. Against this Order, a Revision Petition was filed by the original defendant before this Court. This Revision Petition was transferred to the Division Bench by the Hon'ble Chief Justice on December 20, 1994. This is how the case has come up before the Division Bench.

(3.) TO appreciate the controversy, it would be necessary to quote certain provisions of the Rajasthan Public Trusts Act (for short 'the Act' hereinafter). Section 2 (6) of the Act defines 'Court' to mean the District Court. Section 22 of the Act provides for a Civil suit which may be filed against entries made under Section 21 of the Act. It reads as under: