JUDGMENT

K. JAGANNATHA SHETTY,J:- This appeal by special leave is from the judgment of the Rajasthan High Court dated March 14,1973 in S.B. (Civil) 2nd Appeal No. 201 of 1966 (reported in AIR 1973 Rajasthan 263).

2. The case has a long history. It is concerned with a garden (baghichi) with temples of Sri Satyanarayanji, Sri Mahadeoji and other buildings at Motidungri Road in Jaipur. The local Darjees (Tailors) claim that it is their community property. According to them it is known as Baghichi Darjian since it belongs to Darji community. The property, however, was the subject-matter of several litigations. It was claimed by different persons at different intervals on different grounds. One Narayan was admittedly Pujari of the Temples. There was allegation that Narayan purported to have sold the Baghichi in favour of one Khawas Bala Bux. The Panchas of Darjian community filed a suit for cancellation of the sale-deed and possession of the baghichi. The suit was also for declaration of the right to administer the trust of the temples and the other properties. Narayan was the first defendant in that suit. He did not contest the suit. He was, however, summoned and his statement was record