JUDGMENT :

Abhay Manohar Sapre, J.

IN Civil Appeal No. 3034 of 2008

This appeal is filed by the Plaintiff against the final judgment and orders dated 19.09.2006 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Civil Second Appeal No. 295 of 2006 and S.B. Civil Second Appeal No. 296 of 2006 whereby the High Court, by separate judgments, dismissed the appeals filed by the plaintiff against the judgment dated 30.11.2005 of the Additional District Judge(Fast Track) No.2, Pali (Raj.) in Civil Appeal Decree Nos.3 and 4 of 2005 whereby the appeals of the respondents (defendants) were allowed and the judgment and decree dated 27.10.2004 passed by the Civil Judge (Senior Division), Pali in the Civil Suit No. 4/2004 and Civil Suit No. 5/2004 were set aside.

2. We herein set out the facts, in brief, to appreciate the issues involved in this appeal.

3. The appellant is a public Trust of which Shri Ramanand is the Chairman. The Trust was formed by executing a Trust deed on 31.07.1980. The land measuring 1 Bigha 5 Biswas situated at Pali was allotted by the Government on 14.05.1982 in the name of Shri Rama Nand and the patta was accordingly granted to him. He then constructed s