YADARAO DAJIBA SHRAWANE Vs. NANILAL HARAKCHAND SHAH DEAD
SUPREME COURT OF INDIA (FROM: BOMBAY)
YADARAO DAJIBA SHRAWANE
NANILAL HARAKCHAND SHAH
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D. P. Mohapatra, J. -
(1.)This appeal filed by the plaintiffs is directed against the judgment of the Bombay High Court, in Second Appeal No. 164/1968 in which the High Court allowed the appeal, No. 123-A, filed by the defendants, set aside the decree passed by the lower appellate Court and restored the decree passed by the trial Court.
(2.)The appellants filed the suit as representatives of Akhil Digambari Jain community of Village Shirpur, Taluq Washim, District Akola. The defendants who are respondents herein were impleaded as representatives of Swetambari Jain Community of the area. The plaintiffs prayed for the following main reliefs in the suit :
"(a) Order passed by the Court of S.D.M. on 17-12-1927 and that passed by the Court of the Addl. Judl. Commissioner on 6-8-1928 against the plaintiffs be set aside.
(b) It be declared that the whole of the Digambari Jain Community is entitled to have full possession, wahiwat and enjoyment of rights, over the field S.No. 197 as described hereinabove and the defendants be directed to put the plaintiffs in possession of the said field in the condition in which it may be. Similarly, it be declared that the whole of the Digambari Jain Community is entitled to have joint rights in field S. No. 198/1 as detailed and described hereinabove and the defendants be directed to put the plaintiffs in joint possession of it also in the condition in which it may be.
(c) The reliefs regarding rights as stated by the plaintiffs in plaint paras Nos. 5(b) to (i) and shown in the map dated 2-10-37 be granted to them if necessary and in the alternative."
(3.)The case of the plaintiffs sans unnecessary details may be stated thus :
There are two fields under Survey Nos. 197 and 198/1 situate at mouza Shirpur, Tq. Washim, District Akola, measuring 2 acres 5 gunthas and 1 acre 22 gunthas, respectively. The two fields adjoin each other. In Survey No. 197 there is a very old Hemadpanthi temple of Sri Antariksha Parshwanath known as Pawli temple. This temple and its precincts spread over 20 gunthas of land were being preserved as an ancient monument by the Archeological Department of Government of India during the period 1925 to 1964. In this field near the temple there is a garden having fruit bearing and flowering trees.
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