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1988 Supreme(Raj) 575

SOBHAG MAL JAIN
Commissioner, Devasthan – Appellant
Versus
Rampal – Respondent


JUDGMENT

1. - This appeal is directed against the judgment dated Nov. 2, 1977, of the Civil Judge, Bhilwara, decreeing the plaintiffs suit for declaration and injunction by reversing the judgment and decree of the Munsif, Shahpura, dated April 18,1974, whereby the plaintiffs suit was dismissed.

2. The present case relates to shops Nos. 18 and 19 and the godown belonging to the temple of Shri Brijnandanji Maharaj, at Jahajpur. Auction proceedings for granting the lease of these premises for 1963-64 were held on Oct. 1, 1963. The bid made by the plaintiff Rampal, respondent No. 1, herein, for Rs. 100/- per year, being the highest was accepted by the Tahsildar conducting the proceedings. The Tahsildar obtained a deed of agreement from Rampal for a period of ten years and forwarded the papers for approvals to the Devasthan Commissioner, Udaipur. On Sept. 16,1964, the Tahsildar wrote letter to the plaintiff that the Asstt. Commissioner had accorded his approval for the lease for 11 months at a rent of Rs. 100/- per year. The plaintiff, thus, became a tenant of the premises for 11 months and the rent was agreed as Rs. 100/- per year. Even after the expiry of the period of 11 months the pl





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