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2019 Supreme(Raj) 204

PRATAP KRISHNA LOHRA
Shyam Kanwar – Appellant
Versus
Laccha Ram – Respondent


Advocates Appeared:
For the Appellant : C.R. Jakhar.
For the Respondent: Sanjay Nahar.

ORDER :

Pratap Krishna Lohra, J.

1. By the instant appeal under Section 96 CPC, appellants have challenged order dated 29th of October, 2018, passed by District Judge, Pali (for short, 'learned Court below') in Civil Misc Case No. 27/2012. Learned trial Court, by the impugned order, has allowed application under Section 40 of the Rajasthan Public Trust Act, 1959 (for short, Act of 1959') filed by respondents and declared disputed sale-deed dated 9th of May, 2011, executed in favour of the appellants, as void ab-initio in want of Section 31(1) of the Act of 1959.

2. The facts, apposite for the purpose of this appeal, are that some persons interested in the public trust filed an application under Section 38 of the Act of 1959 before Assistant Collector, Devasthan Department Jodhpur stating therein that one Dharmshala at Station Road, Sumerpur (Undri) was registered with the Devsthan Department, in the name of "Shah Chamnaji Hukma Ji Dharmshala" on 21st of February 1977 bearing registration No. 229. It is also averred that the Dharmshala is a public trust and its trustees have no right to sale or gift its property despite that its Manager Pukhraj executed a power of attorney in favour of










































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