Pratap Krishna Lohra, J. - (1.) IMPLORING annulment of impugned order dated 15.01.2015 (Annex.5) passed by learned District Judge, Jaisalmer (for short 'the learned court below'), the petitioners -defendants have laid this writ petition under Article 226 & 227 of Constitution of India.
(2.) BY the order impugned, the learned court below has accepted the application of the respondents -plaintiffs under Order VIII Rule 9 read with Section 151 CPC in a suit for possession, mesne profits and perpetual injunction. Succinctly stated facts of the case are that first and second respondents -plaintiffs jointly filed a suit for possession, mesne profits and perpetual injunction against the petitioners -defendants and proforma defendant -respondent No. 3. It is, inter alia, averred in the plaint that late Maharawal Jawahir Singh was blessed with two sons namely late Maharawal Girdhari Singh, who is father of second petitioner and father -in -law of first petitioner and proforma respondent is second son of Maharawal Jawahir Singh. As such, the suit projected a dispute between close relatives. Late Maharawal Jawahir Singh was owner of a property at Jaisalmer which is a multi -storied building utilized as place of residence, hotel business & museum known as 'Mandir Palace'. The complete description of the property is also mentioned in the plaint with site plan. It is further averred that part of this property which is shown with red marks in the annexed site plan is in occupation of the petitioners -defendants as licensee and presently their occupation on said part of the property is unauthorised. The details about the property initially in occupation of petitioners as licensee and then as unauthorised occupants is also mentioned in the plaint with complete details.
(3.) DURING the era of Princely State of Jaisalmer, 'Mariyada' was a legal way of transferring the property in the form of documentation. In his life time, Maharawal Jawahir Singh executed a Mariyada Instrument and after his death, late Maharawal Girdhari Singh also executed an alike document which was countersigned by Diwan of the Princely State, Shri M.R. Sapat to transfer Mandir Palace to proforma respondent Hukam Singh. It is stated in the plaint that before issuance of Mariyada document, it was published by a notification in the Gazette of Jaisalmer on 17.01.1929 and its contents were read out in Ijlas Darbar. Besides the aforesaid property of Mandir Palace, some other properties were also given by an Instrument of Mariyada to Shri Hukam Singh by late Maharawal Jawahir Singh with counter -signature of Diwan Shri L.R. Sikand on 28.02.1941. In this view of the mater, the proforma respondent acquired the ownership of Mandir Palace as well as other properties. Subsequently, proforma respondent Hukam Singh executed a gift deed of part of Mandir Palace in favour of his mother Rajdadi Smt. Kalyan Kumari on 07.03.1949 and as such she became owner of that part of Mandir Palace. That apart, proforma respondent also gifted the parts of property of Mandir Palace to his wife Smt. Girdhar Kumari and his sister -in -law (Bhabhi) Smt. Hawa Kumari on the same date i.e. 07.03.1949 and thereby both of them acquired ownership of the part of Mandir Palace in terms of gift deeds. In totality, the property of Mandir Palace was divided into four parts and first three parts were gifted to Smt. Kalyan Kumari, Smt. Girdhar Kumar and Smt. Hawa Kumari and fourth part was retained by proforma respondent as its owner.;