- (1.) These four matters, two civil second appeals (Nos. 94/1983 and 119/1983) and two writ petitions (Nos. 1526/1988 and 1372/1997), being essentially of cross-cases between the rival parties and involving several inter-related facts and common issues, have been heard together; and are taken up for disposal by this common Judgment.
(2.) The second appeals arise out of the civil suit filed on 15.12.1964 by the plaintiff Raghunandan for cancellation of gift deed dated 30.06.1964 executed by the defendant No.1 Bhoori Bai in favour of the defendant No.2 Jagdish Lal and for recovery of possession of suit property. This suit (CO No.210/1971) was decreed by the Additional Civil Judge, Udaipur by the judgment and decree dated 29.05.1976. The appeal filed by the defendant No.2 (Appeal No.22/1982) was party allowed by the District Judge, Udaipur by the impugned judgment and decree dated 04.04.1983 wherein the learned Appellate Court, even while affirming the findings of the Trial Court that the plaintiff Raghunandan Pujari was the validly adopted son of the defendant No. 1 Bhoori Bai, modified the finding in relation to the rights of the defendant No.1 Bhoori Bai in the suit property and, while recognising her rights per Section 14 of the Hindu Succession Act, 1956 ('the Act of 1956'), held the gift made by her in favour of the defendant No.2 valid to the extent of share.
(3.) On the other hand, the writ petitions by the same contesting parties, Raghunandan Pujari and Jagdish Lal Pujari, arise out of the dispute between them over the rights of worship and receiving the offerings (herein referred to as 'sewa puja' rights) in the two temples at Udaipur known as Shri Raghunath Raiji temple and Shri Jeevan Swaroopji temple. The rotational turn for performing sewa puja by a particular pujari or shebait has been referred as osra'. In CWP No. 1526/1988, Raghunandan Pujari has challenged the order dated 02.03.1988 as passed by the Deputy Secretary to the Government of Rajasthan in its Revenue Department wherein Jagdish Lal Pujari was held entitled to the sewa puja rights in the aforesaid temples. Per contra, in CWP No. 1372/1997, Jagdish Lal Pujari has prayed for quashing of the order dated 06.03.1997 as passed by the Deputy Secretary to the Government of Rajasthan in its Devasthan Department and for allowing him to continue with sewa puja in the said temples in pursuance of the earlier orders made in his favour on 16.11.1990 and 18.07.1995.;