LEELADHAR Vs. BHERUBAGH JAIN TIRTH

JUDGEMENT

(1.) THIS misc. appeal has been filed under Section 40(3) of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as the Act of 1959) against the order of the learned Additional Dist. and Sessions Judge No. 3, Jodhpur dtd. 23.7.2001 dismissing the civil misc. application No. 4 -A/1991 filed by the appellant under Section 40 of the said Act seeking to set aside the sale made by the respondent No. 1 - Public Trust in favour of the respondent No. 5 - a Housing Society of a land measuring 53.11 bighas situated at village Gewa, Dist. Jodhpur on 18.10.1985 for a sum of Rs. 9,55,557/ -.

(2.) NONE appeared for the appellant on both the days though the matter was heard in part on 17.3.2009 and again kept today for dictation of order/judgment, therefore, the arguments of Mr. J.M. Bhandari, learned Counsel for the respondents were heard and record was perused.

(3.) THE said application was opposed by the respondents and the learned trial Court framed following five issues for consideration: