- (1.)Appellants by Mr. Sandeep Kochatta, Advocate.
Respondents by Mr. Seema Sharma, Advocate.

This appeal is admitted for final hearing on the following substantial question of law :

"Whether in the facts and circumstances of the case, learned Courts below committed error in dismissing the suit filed by the appellants?"

With the consent of parties, arguments heard finally.

Being aggrieved by the judgment dated 25-1-2005 passed by I Additional Sessions Judge, Badwani in Civil Appeal No. 17-A/02 whereby the judgment dated 7-5-2002 passed by Civil Judge, Class-I, Anjad in Civil Suit No. 77-A/98 whereby the suit filed by the appellants was dismissed, was maintained, the present appeal has been filed.

(2.)Short facts of the case are that the appellants filed a suit on 7-10-1996 for declaration and permanent injunction alleging that the appellant No. 1 is Pujari of Shri Ram Mandir, situated at village Anjad. It was alleged that the land bearing Survey Nos. 340 and 342 measuring 21.33 acre in field No. 174 situated at village Anjad was allotted to one Bhagwandas s/o Keshavdas ancestor of appellants for performing the Puja of the said temple. It was alleged that the land was allotted to the ancestor of the appellants in lieu of services being rendered to the temple as Pujari. It was alleged that since then the ancestor of the appellants and thereafter the appellants are in occupation of the land and are cultivating the same. It was alleged that respondent No. 1 upon the application filed under section 5(2) of Public Trust Act vide order dated 20-6-1995 passed an order regarding registration of trust illegally. Further case of appellants was that earlier also appellants filed suit in the Court of Civil Judge, Class-II, Anjad which was numbered as 33-A/94 in which decree was passed in favour of appellants on 21-12-1995, in which State was also party. In the suit it was prayed that the proceedings initiated for registration of trust be declared as illegal and void and injunction be granted against the respondents not to dispossesses the appellants. The suit was contested by the respondents by filing written statement, wherein allegations made in the plaint were denied. It was prayed that the suit filed by the appellants be dismissed.
(3.)Along with the suit an application was filed by the appellants for grant of temporary injunction, which was dismissed by the learned trial Court vide order dated 30-1-1997, against which Miscellaneous Appeal was filed by the appellants which was numbered as M. A. No. 8/97 and was allowed vide order dated 29-6-1999 whereby the order dated 30-1-1997 passed by the learned trial Court was set aside and the respondents were restrained not to disturb in the possession of the appellant till disposal of the suit. After framing of issues and recording of evidence, suit filed by the appellants was dismissed, against which an appeal was filed, which was also dismissed, hence this appeal.