SHYAM KANWAR Vs. LACCHA RAM

JUDGEMENT

(1.) By the instant appeal under Sec. 96 CPC, appellants have challenged order dated 29th of October, 2018, passed by District Judge, Pali (for short, 'learned Court below') in Civil Misc. Case No. 27/2012. Learned trial Court, by the impugned order, has allowed application under Sec. 40 of the Rajasthan Public Trust Act, 1959 (for short, Act of 1959') filed by respondents and declared disputed sale-deed dated 9th of May, 2011, executed in favour of the appellants, as void ab-initio in want of Sec. 31(1) of the Act of 1959.

(2.) The facts, apposite for the purpose of this appeal, are that some persons interested in the public trust filed an application under Sec. 38 of the Act of 1959 before Assistant Collector, Devasthan Department Jodhpur stating therein that one Dharmshala at Station Road, Sumerpur (Undri) was registered with the Devsthan Department, in the name of "Shah Chamnaji Hukma Ji Dharmshala" on 21st of February 1977 bearing registration No. 229. It is also averred that the Dharmshala is a public trust and its trustees have no right to sale or gift its property despite that its Manager Pukhraj executed a power of attorney in favour of Ashok Kumar Jain for selling property and Ashok Kumar Jain by registered sale-deed dated 9th of May, 2011 sold property of the trust to the appellants Narpat Singh and Shyam Kanwar. Another application/complaint was filed by respondent No. 2 Ashok Kumar before Assistant Commissioner, Devasthan Department, Jodhpur with the prayer to declare the sale-deed void. The applications/complaints were registered by the Assistant Commissioner as Case No. 1/2011 under Ss. 31, 38 and 49 of the Act of 1959 and investigation started. During the course of investigation, appellants submitted their reply stating that the complainants are tenant and thus have no right to file such application/complaints. The Assistant Commissioner, vide order dated 30th of April 2012 accepted the application and granted permission to Ashok Kumar and Sesaram to move application before the District Judge under Sec. 40 of the Act of 1959 and also to seek guidance/direction from the Court below in this matter. Thereafter, they filed an application before the learned Court below which was registered as Civil Misc. case No. 27/2012. Upon receiving notices, non-applicants filed reply thereto.

(3.) Learned Court below, on the basis of pleadings of rival parties, settled three issues for determination and the parties led their evidence.