RAM CHARAN Vs. TRILOKI NATH

JUDGEMENT

(1.) THIS is an execution Section A. by the Judgment -debtor against an appellate order of the District Judge, Ajmer dismissing his objection cannot be, executed against him on account of the provisions contained in Sections 29, 72 and 73 of the Rajasthan Public Trusts Act, 1959.

(2.) THE premises in respect of which the decree for arrears of rent and eviction has been obtained belong to a deity. The suit was instituted by the Shebait in 1957. It was decreed by the trial court on 22 -9 -60. The first appeal was dismissed on 18 -12 -61 and the second appeal on 10 -7 -65. The Public Trusts Act, 1959 was first, published in the Rajasthan Gazette dated 28 -10 -59. Sections 29, 72 and 73 came into force on 1st July, 1962. These Sections run as follows: Section 29 : Bar against suits by unregistered trust:

(3.) AS the question as to whether or not the trust is a public one could have been raised by the judgment -debtor in the suit and it was not raised it will be deemed to have been decided constructively against him in the suit and it is not open to him to raise the question in execution.