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1985 Supreme(Raj) 430

DWARKA PRASAD
Mehta Charity Trust Pali – Appellant
Versus
Gulam Rasool – Respondent


JUDGMENT

1. - These two revision petitions arise out of two orders passed by the District Judge, Pali in the same suit deciding issues Nos. 7, 8 and 9 by the order dated October 5, 1979. The learned District Judge decided issue No. 8 and held that the plaintiffs' suit was not barred by limitation. Issues No. 7 and 9 were decided by the learned District Judge by his order dated October 9, 1979 holding that the suit filed by the plaintiffs was maintainable and the suit was not barred by limitation.

2. It appears that the defendant No. 1 the Mehta Charity Trust got the aforesaid Trust registered as a Public Trust under Section 19 of the Rajasthan Public Trust Act, 1959. The Asst. Commissioner, Devasthan Rajasthan by his order dated September 12, 1975 directed that the Trust be registered and in accordance with the finding recorded by him under Section 19 entries were made in the Register of Public Trusts under Section 21 of the Act on September 22, 1975. Noor Mohammed and Mst. Marium contested the title of the Trust in respect of the land in dispute in the present suit, out of which these revision petitions arise but their objections were rejected by the Assistant Commissioner. Noor Mo











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