Vineet Kothari, J. - (1.) This second appeal has been filed by the State being aggrieved by the impugned judgment and decree of the first appellate Court of learned Addl. District Judge No. 3, Udaipur dated 18.5.2004 allowing the plaintiffs' appeal No. 32/2003 (19/2003) against the decree dated 14.1.2003, whereby, the learned trial Court of Addl. Civil Judge (Sr.Div.) No. 1, Udaipur had dismissed the suit for declaration and possession filed by the plaintiffs.
(2.) Since this appeal was directed to be heard and decided at the admission stage itself, therefore, at the joint request of the parties, the same is finally decided and following substantial question of law is framed for consideration by this Court under Section 100 CPC. "Whether the first appellate Court was justified in decreeing the suit for declaration and possession, reversing the findings of learned trial Court and holding the plaintiffs owner of 'Khush Mahal' and Pachoson- ki-lane' buildings as part of Mardana Mahal, City Palace, Udaipur and directing the possession of the said building to be handed over to the plaintiffs."
(3.) The suit was filed by the plaintiffs on 12.5.78 on behalf of the plaintiff trust known as 'Maharana of Mewar Charitable Foundation' claiming the possession of the 'Khush Mahal' and 'Pachason-ki-lane' buildings, which is part of the City Palace, Udaipur and since the Chief Minister of the State vide order dated 18.8.1969 had withdrawn the notification issued under the provisions of the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961 (hereinafter referred to as 'the Act of 1961') in respect of 'Mardana Mahal' and said property was to be given back to the plaintiffs in pursuance of the order of State Government, but the part of said 'Mardana Mahal', 'Khush Mahal' and Pachason-ki-lane' were not returned back to the plaintiffs, the cause of action for filing the said suit arose to the plaintiffs and hence the present suit was filed.;