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2000 Supreme(Raj) 1014

ASHOK PARIHAR
Ramesh Chand Tiwari – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The Deity, a perpetual minor, being idol, seems to be helpless, amusing or mussing over his rights on the land. Lot of litigation been offered or thrown on the idol, claiming right over his land, on the' basis of some entries in the revenue record, adverse possession, mutation been made in the name of pujari and further been sold to other persons by him. The rights over the land have also been claimed on the basis of provisions of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (for short 'the Act of 1952'). Lot of controversy has been raised in regard to deity not being khudkast and even the land being the Muafi land in the name of the deity, after the above Act of 1952 and also the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955') been brought into force, the rights over the land of the deity has been claimed on the basis of entries in the revenue record. In the Reference made by the concerning authorities under the provisions of the Land Revenue Act, 1956 (for short 'the Act of 1956') in regard to cancellation of mutation made on the land of the deity, the point of delay has also been raised more emphatically.

2. There have been conflicting opi








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