CHAMPALAL Vs. THAKURJI SHRI GOPALJI

JUDGEMENT

(1.) The legal representatives of deceased defendant Champalal have filed this revision petition against the order dated 22-3-1996 passed by the learned Addl. Civil Judge [Junior Division] No. 2, Jodhpur whereby the application filed under O. 14, R. 5 read with S. 5, C.P.C. was dismissed.

(2.) The plaintiff-non-petitioner filed a suit for ejectment against the defendant on the ground of reasonable and bona fide necessity. The plaintiff alleged that he requires the suit premises for the residence of his son reasonably and bona fide. He has averred that the suit premises is situated in Umed Chowk, Jodhpur and this suit property is being looked after by its Mahant Govind Ram. The suit was decreed by the learned trial Court vide its judgment dated 24-2-1990.

(3.) Thereafter, the defendant-petitioner filed an appeal. The defendant-petitioner also moved an application under O. VI, R. 17 read with S. 151, C.P.C. The defendant pleaded that the suit property is a public trust and its valuation is worth lakhs of rupees. Its annual income also exceeds the limit of Rs. 3,000/-. The suit property, being public trust requires registration and without registration, the suit is not maintainable. It was further pleaded that the defendant made enquiries in the Devasthan Department and ultimately he came to know that the Devasthan Department has also treated the suit premises to be a public trust and ordered for making an entry in the Register under S. 21 of the Rajasthan Public Trusts Act, 1959 [for short 'the Act']. The defendant also pleaded that in view of the provisions contained in S. 29 of the Act, the suit of the plaintiff was not maintainable.