1. - This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, has been presented by Devki Nandan against the order dated 31st Oct., 91, passed by a learned Single Judge of this Court in S.B. Civil Writ Petition No. 4768 (sic 4786) of 1990, [Judgment reported in 1991(1) RLR 2911 whereby, the said writ petition filed by Ram Swaroop was allowed; the order of the Commissioner, Devasthan, Udaipur, dated 17th July, 90, was set aside; and that of the Assistant Commissioner, Devasthan, Udaipur, dated 8th May, 1989, was restored.

2. It is a matter of history of former Jaipur State that Maharaja Jagat Singh ruled Jaipur State from 1803 to 1818 AD, and his son Maharaja Jai Singh, from 1818 to 1835 AD. Late Maharaja Ram Singh was grandson of Maharaja Jagat Singh, and he succeeded to the throne of Jaipur State in the year 1892 AD. At that time, Maharaja Ram Singh was a minor and the State was being managed by a "Minority Administration".

3. After a careful reading of the 'Patta' (Ex. 1), we are of the opinion that the sum and substance of its recitals are that the deceased Maharaja, after purchasing land from Malis, had constructed 'mahal' for the residence of Ma