Dave, J.—This is a first appeal by the defendants against the judgment and decree of the Civil Judge, Udaipur District, dated the 25th of September, 1951.

2. A preliminary objection has been raised by the respondents learned advocate to the effect that the appeal is barred by res judicata and, therefore, it is prayed that it should be dismissed on that ground alone.

3. In order to appreciate the respondents contention, it seems necessary to state the relevant facts briefly. In the city of Udaipur in Mohalla Dhan Mandi, there is a Jain temple of Sumatinath belonging to the Agarwal Jain community which is represented in the present case by the appellants. On the back side of this temple, there is a school which is called Shri Parshwanath Digambar Jain Vidyalaya. In between the building of the said temple and (he school i.e. on the back and the two sides of the temple, other than the front side, there is vacant land and that is the subject of dispute between the parties. On the 16th of January, 1946, Shri Parshwanath Digamber Jain Vidyalay Society through its General Secretary, Shri Gulabchand son of Shivlal Taya brought a suit which has given rise to the present appeal. It was averred

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