DINESH MEHTA,J. - (1.) The present appeal has been filed by the appellant laying challenge to judgment dated 28.4.1990 passed by learned Additional District Judge, Nagaur whereby the suit registered as Civil Original Suit No.43/86 filed by him has been dismissed.
(2.) The facts relevant and necessary for adjudication of the present appeal are that the appellantplaintiff had filed a suit for declaration and permanent injunction inter alia contending that the 'Dargah' known as Hazrat Sufi Hamiduddin Tarkkin Sultan is a wakf property, in which an annual festival known as 'Urs' is celebrated. The affairs of the said 'Urs' were managed by Rajasthan Wakf Board and during which, a customary ceremony was being solemnized, according to which, the plaintiff and his side one the one hand and the defendant and his side on the other hand jointly used to solemnize a ritual, in which the defendant brought 'Sandal Bowl' ...[VERNACULAR TEXT OMITTED]... for handing it over to the plaintiff, who would offer the same to the 'Majaar'. The plaintiff's assertion in the plaint was that such customs was being observed for past many years, before some dispute arose in the year 1945, which dispute came to be resolved by way of arbitration. It had ben alleged that during arbitration between both the groups, it was decided that the defendant group would bring 'Sandal Bowl' and request the plaintiff to offer the same to the Seat 'Majaar'; at such request the plaintiff would offer the 'Sandal Bowl' to the 'Majar'.
(3.) Plaintiff's case has been that despite the long drawn tradition, defendant objected to the same on 21.3.1985 and during the 'Urs', his group did permit the plaintiff to offer the 'Sandal Bowl' $ ...[VERNACULAR TEXT OMITTED]...;