KAN SINGH, J.—This is an appeal by the defendants directed against the judgment and decree of the learned District Judge, Partabgarh (Gamp Chittor-garh) and, inter alia, raises the question whether the suit was barred by the provisions of sec. 29 of the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959), hereinafter to be referred as the "Act"

2. The suit was filed on 27-8-62 by the Panch Maheshwaris of Chittorgarh and it concerns a temple known as Shri Narainjis temple situated at Chittorgarh, It was for an injunction requiring the defendants Jagan Nath and Laxmilal to hand over certain articles of the temple which were in their custody as Pujaris of the aforesaid temple and further refrain from performing the work of Sewa Pooja in the temple.

3 Stated in brief the plaintiffs case was that the temple belonged to the Maheshwari Community and was being managed through their Panchas. The latter had employed the defendants for performing the Sewa Pooja at the temple and for this the plaintiffs relied on certain agreements allegedly executed by the defendants. In view of the services the defendants were to receive the offerings of food-grains (Petia) and whatever would be offered by

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