KANA RAM Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) RESPONDENT No. 3 Temple Mahadev Ji Maharaj of Village Mev, Tehsil Sojat filed a suit for eviction of the petitioners under Sections 59, 91 and 183 of the Rajasthan Tenancy Act on the grounds that the land is deity land and was illegally sold by the pujari of the temple to the petitioners and on the strength of the said sale deed, the petitioners/defendants encroached upon the deity land in the year 1967. The plaintiff 's suit was decreed by the trial Court vide judgment and decree dt. 22.12.1980 holding the land to be deity land on the basis of copy of khewat khatauni of Samwat Year 2010 to 2019 wherein the land has been recorded in the name of doli Temple Mahadevji. In the Col.4 of the said document, the name of Hemnath was shown as pujari, therefore, the trial Court held that pujari had no right to sell the property of the deity and the plea of adverse possession is not available for the property of minor. The appeal preferred against the judgment and decree of the trial Court dt. 22.12.1980 was dismissed by the Revenue Appellate Authority vide judgment and decree dt. 25.05.1994 and the Board of Revenue dismissed the second appeal vide impugned judgment dt. 04.10.1995 in limini at admission stage. Hence, this writ petition by the petitioners.

(3.) I considered the submissions of learned Counsel for the parties and perused the facts of the case.