BANSIDHAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter has come up on an application filed under Section 151 read with Section 144 of the Civil Procedure Code (hereinafter "the CPC") filed by the respondent-State of Rajasthan for getting the possession of the suit property restored.

(2.) That the brief facts of the case in a nutshell are that a temple popularly called as "Baiji Ka Temple", which is situated at Badi Chopar, Khanda Manak Chowk, Jaipur. There are about 24 shops appurtenant to the temple and there is parcel of land behind the temple popularly referred to an "Bagichi". Apart from the shops and the "Bagichi", there were certain other parts which form an integral part of the temple and were in possession of the State Education Department and PHED department. Even though, the temple always belonged to the state government, on an application preferred by the original plaintiff Bhansidhar Sharma (since deceased) [hereinafter "Bansidhar (since deceased)"], he was permitted by the government to perform "Seva Pooja" and later on, he was also appointed as the "Bhandari" of the said temple for a period of three months, to look after the temple. Vide order dated 21.01.1955 Bansidhar (since deceased) was confirmed as the Bhandari of the temple. When the said order dated 21.01.1955 was revoked by the government and Bansidhar (since deceased) was transferred, he brought a suit for declaration and permanent injunction, claiming ownership of the temple.

(3.) The said suit was dismissed by the trial Court vide judgment and decree dated 27.11.1977. Being aggrieved of the order dated 27.11.1977 passed by the learned trial Court, the plaintiff Bansidhar (since deceased) filed a First Appeal before this Court, which came to be numbered as S.B. Civil First Appeal 86/1979. The said First Appeal was allowed by this Court vide judgment dated 19.11.1997.