STATE Vs. SHIVDAYAL

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree dated 27. 10. 85 passed by the Additional District Judge, Udaipur whereby the plaintiff-respondents suit was decreed as under:- "the plaintiff suit is hereby decreed to this extent that it is hereby-declared that the entry made of the registration of the disputed temple to be the public trust by the Assistant Registrar, and the confirmation order of that entry made by the Devasthan. Commissioner in the decision of its appeal dated 20. 9. 67 that the entry of registration of the disputed temple be made as public trust is premature and can not bind the plaintiff unless the enquiry on all sub-clauses (i) to (viii) of Clause (1) of Section 18 is conducted by the Assistant Commissioner and finding on all the points is given by the said Assistant Commissioner under sec. 19 of the Rajasthan Public Trust Act. "

(2.) A few material facts may be noticed.

(3.) I have heard Shri L. M. Lodha, learned Additional Government Advocate for the appellant.