K. Jagannatha Shetty, J. - (1.) This appeal by special leave is from the judgment of the Rajasthan High Court dated March 14,1973 in S.B. (Civil) 2nd Appeal No. 201 of 1966.
(2.) The case has a long history. It is concerned with a garden (baghichi) with temples of Sri Satyanarayanji, Sri Mahadeoji and other buildings at Motidungri Road in Jaipur. The local Darjees (Tailors) claim that it is their community property. According to them it is known as 'Baghichi Darjian' since it belongs to Darji community. The property, however, was the subject-matter of several litigations. It was claimed by different persons at different intervals on different grounds. One Narayan was admittedly 'Pujari' of the Temples. There was allegation that Narayan purported to have sold the Baghichi in favour of one Khawas Bala Bux. The Panchas of Darjian community filed a suit for cancellation of the sale-deed and possession of the baghichi. The suit was also for declaration of the right to administer the trust of the temples and the other properties. Narayan was the first defendant in that suit. He did not contest the suit. He was,however, summoned and his statement was recorded on July 8, 1925, wherein he admitted that he was only the Pujari of the temples. The other defendants in the suit set up rival title to the property relying upon the sale deed of Samvat 1932 in the name of Raghunath. The trial court dismissed the suit but on appeal the District Judge decreed it. That decree was affirmed by the former Chief Court, Jaipur by judgment Ex. A8 dated September 15, 1928.
(3.) Thereafter, for about 23 years there was no problem and. there was no rival claimant to the property. But the dispute, started after the death of Narayan. His eldest son Bhonrilal respondent 3 herein made attempts to get his name mutated in the revenue, records as owner of the baghichi. It appears that Bhonrilal after the death of his father was acting as Pujari of the temples. The Darjian community Kalyan Singh, the appellant herein, as well as one Khawas. Suraj Narayan to bring an action for ejectment of Bhonrilal. In 1951 they instituted a suit for his ejectment. In that suit Bhonrilal admitted the Panchayat's right to the baghichi but raised a number of other pleas including his title by adverse possession. In 1956 the Munsif Court (West Jaipur) decreed the suit in favour of the Darji community. In 1958 the appeal against that decree was dismissed by the Senior Civil Judge, Jaipur City. Bhonrilal preferred Second Appeal No. 80 of 1958 in the High Court of Rajasthan and obtained stay of delivery of possession on depositing mesne profits at Rs. 251/- per month. On September 15, 1960, the High Court dismissed the second appeal. Thus the title of the Darjee community in respect of the baghichi was again recognised.;