Judgme nt

16/08/2021

Heard on admission.

This Civil First Appeal has been filed by the appellants- plaintiffs (for short, 'the plaintiffs') against the judgment dated 14.12.2020 passed by ADJ No. 5, Ajmer in Civil Suit No. 29/2020 (102/2020) titled Surendra Chouhan & Ors. Versus Prem Prakash Bhargav and others, whereby the application filed by the respondents-defendants (for short, 'the defendants') under Order 7 Rule 11 CPC has been allowed and the suit for declaration and permanent injunction filed by the plaintiffs has been dismissed.

Facts of the case are that the plaintiffs filed a suit for declaration and permanent injunction under Section 9 , 59, 61, 63 and 65 of the Indian Trust Act, 1882 , Section 31 and 39 of the Specific Relief Act, 1963 , Order 7 Rule 1, Order 1 Rule 8 readwith Section 9 and 151 CPC against the defendants mentioning that Bahadur Pyare Lal and his brother Munshi Chiman Lal, sons of Pandit Heera Lal Bhargav were khudkasht Maalik of the suit property situated in Naya Nagar, Beawar. During his life time, Munshi Chiman Lal constructed a Dharamshala, Garden, water hut, cattle trough and dug a well, but subsequently he died. After his death, on 9.4.1932 his broth