Prakash Gupta, J. - (1.) The instant first appeal under Section 96 of the CPC has been preferred against the judgment and decree dated 26.11.1977 passed by the Additional District and Sessions Judge No.1, Jaipur City (hereinafter referred to as 'the trial court') whereby the trial court dismissed suit No.71/1974 (86/1981) filed by Shri Banshidhar Sharma, who died during the pendency of the suit. For the sake of convenience, the parties will be hereinafter referred to as the plaintiff and the defendant. FACTS IN BRIEF
(2.) Plaintiff filed a suit in the trial court wherein a prayer was made that the defendants may be restrained from interfering or in any way disturbing the management and affairs including Seva Puja and Bhograg of the temple of Thakurji Shri Mahadevji and Thakurji Shri Laxmi Narainji and the properties in possession of the plaintiff. Besides this, other relief was also claimed. It is averred in the plaint that the temple of Thakurji Shir Mahadevji situated in the South Eastern quadrant of Choper Sanganer, now known as Baiji Ka Khanda, was founded, worshiped and managed as their own temple by the ancestors of the plaintiff. It was also stated that the said temple of Thakurji Shri Mahadevji was rebuilt and rejuvenated by Shri Jamnaji Manas with full recognition of the sole rights of the plaintiff's ancestor Pt. Jairamji and his descendants about 'Mahantship', 'Shebaitship' and rights of the management of the said temple in Vikram Samwat 1766. It was also submitted that the idol of Thakurji Shri Laxmi Narainji was installed thereafter by Smt. Vichtra Kumariji in presence of Maharaja Sahib Sawai Jai Singh of Jaipur in Samwat Year 1794 and at that time, Pandit Jagannathji Chela of Swami Sanwaldas Brahmin Gaur Dotolia of Bilochi was the Shebait of the said temple of Thakurji Shri Mahadevji and idol of Thakurji Shri Laxmi Narainji. Sometime in Samwat Year 1925, during the regime of Maharaja Sawai Ramsinghji of the then Jaipur State, the plaintiff's ancestor Pt. Mahadevji, the then Mahant and Shebait of the temple of Thakurji Shri Mahadevji and Thakurji Shri Laxmi Narainji proceeded on a pilgrim and he handed over the management of Sevapuja of the temple of Thakurji Shri Mahadevji with his own men, and with regard to the management of the temple of Shri Laxmi Narainji, Pt. Mahadevji requested the "Dharmarth Vibhag" of the then Jaipur State to look after the same during their absence and in order to meet the expenses thereof, authorized the said "Dharmarth Vibhag" to realise and collect the rental income of the 24 shops situated below the temple. From that time, the Jaipur State begun to realise and collect rent of the said shops and to manage the temple. On return from pilgrimage, the ancestors of the plaintiff took possession of the property from the persons, who were managing the same in his absence and resumed Sevapuja of the temple of Shri Mahadevji. A request was made to the erstwhile Jaipur State to handover the charge of the temple of Shri Laxminarainji and also to render accounts but that was not done and the matter was pursued sometime in 1955. The Hon'ble Minister of the State of Rajasthan for Devasthan Department decided to entrust the management of the temple of Shri Laxminarainji as mentioned in the order dated 21.01.1955 sent by the Secretary to Government, which was conveyed to him on 22.02.1955 by the Assistant Commissioner, Devasthan. It was mentioned that he would not be entitled to any income at present derived from the shops and houses attached to the temple. He will manage the affairs of the temple from the budget allotment only sanctioned for the purpose, and in pursuance to the same, the management including Sevapuja and Bhograg of the said temple of Takjurji Shri Laxmi Narainji was handed over to him on 24.02.1955 and since then, he was managing the affairs. It was further stated that the Assistant Secretary, Revenue Department, Government of Rajasthan, Jaipur sent a letter dated 02.07.1958 to the Commissioner, Devasthan, Udaipur, by which order dated 21.01.1955 has been cancelled.
(3.) The plaintiff that the Government of Rajasthan or any of its Department had got no right whatsoever to interfere and intermeddle in the plaintiff's management of the affairs including Sevapuja and Bhograg of the said temples of Shri Mahadevji and Shri Laxmi Narainji as the same belonged to him and are the properties of the plaintiff and his ancestors, under absolute and complete gift in which the dedicators did not keep any rights in themselves and the same are properties of the plaintiff and he is the 'Mahant' and 'Shebait' of the said temple. The State Government has no right to deprive and detain the income of the said shops and he is entitled to claim accounts. The plaintiff further averred that some portion of the premises of the temple is occupied by the Telephone, Education, Water Works Departments for which separate steps are being taken by the plaintiff. It is also pleaded in the plaint that the order dated 02.07.1958 was not a Government order and has no force of law to cancel the previous order dated 21.01.1955 which was passed in the capacity of trustee. It was further pleaded that the plaintiff is the 'Shebait' and 'Mahant' of the temple. The defendants were bent upon taking possession of the temple by dispossessing him and therefore, they were to be restrained.;