Vishan Lal S/O Late Sugan Lal vs Trust Murati Mandir Shri Kaila ...
2022 Latest Caselaw 7605 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6022/2019

1.     Vishan Lal S/o Late Sugan Lal, Aged About 60 Years, R/o
       Kailash Devi Tehsil And District Karauli, Raj.
2.     Parmanand S/o Rang Lal, Aged About 52 Years,                       R/o
       Kailash Devi Tehsil And District Karauli, Raj.
3.     Bachchu S/o Rang Lal, Aged About 50 Years, R/o Kailash
       Devi Tehsil And District Karauli, Raj.
4.     Radheyshyam S/o Vishan Lal, Aged About 45 Years, R/o
       Kailash Devi Tehsil And District Karauli, Raj.
5.     Badri S/o Vishan Lal, Aged About 40 Years, R/o Kailash
       Devi Tehsil And District Karauli, Raj.
6.     Brahmanand S/o Vishan Lal, Aged About 33 Years, R/o
       Kailash Devi Tehsil And District Karauli, Raj.
7.     Nemi Chand S/o Vishan Lal, Aged About 42 Years, R/o
       Kailash Devi Tehsil And District Karauli, Raj.
                                                               ----Petitioners
                                  Versus
1.     Trust Murati Mandir Shri Kaila Devi Ji, Through Sole
       Trustee Shri Krishanchandra Pal S/o Shri Surrender Pal Ji,
       R/o Bhanwar Bilas Palace Karauli Through Power Of
       Attorney Holder Malkhan Pal S/o Shri Umrao Pal Aged 65
       Years, B/c Rajput, R/o Karauli Tehsil And District Karauli,
       Raj.
2.     Manager Trust Murati Mandir Shri Kaila Devi Ji, Through
       Mahesh Chan Sharma S/o Shri Nanik Chand Sharma Aged
       50 Years, B/c Brahman At Present Residing At Kaila Devi
       Tehsil And District Karauli, Raj.
3.     Prem Kumar Garg S/o Kedar Lal Garg, R/o Bagh Bazar
       Lashkar Gwalior Madhypradesh.
4.     Sushil Kumar Garg S/o Kedar Lal Garg, (Deceased)
4/1.   Ankit Kumar S/o Late Shri Sushil Kumar Garg, R/o Bagh
       Bazar Lashkar Gwalior Madhypradesh.
5.     Vijay Kumar Garg S/o Kedar Lal Garg, R/o Bagh Bazar
       Lashkar Gwalior Madhypradesh.
6.     Mohan S/o Vishan Lal, Aged About 35 Years, R/o Kailash
       Devi Tehsil And District Karauli, Raj.


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                                          (2 of 4)                  [CW-6022/2019]


                                                                ----Respondents

For Petitioner(s) : Mr. Jai Prakash Gupta, Adv. For Respondent(s) : Mr. Rahul Sharma, Adv. on behalf of Mr. Rajneesh Gupta, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

ORDER RESERVED ON :: 30.11.2022

ORDER PRONOUNCED ON :: 02.12.2022

This Civil Writ Petition has been filed by the petitioners under

Article 227 of the Constitution of India against the order dated

28.02.2019 passed by Family Court Karauli in Civil Suit

No.25/2018 (7/15) titled a Trust Murati Mandir Shri Kaila Devi &

Anr. Vs. Vishan Lal & Ors. whereby the application under Sections

35, 36, 39 of Stamp Act and Order 13 Rule 4 CPC filed by the

petitioners was partly dismissed.

Learned counsel for the petitioners submits that respondent

Nos.1 and 2 had filed a civil suit against the petitioners in which

petitioners had filed an application before the trial court under

Sections 35, 36, 39 of Stamp Act and Order 13 Rule 4 CPC.

Learned counsel for the petitioners also submits that during

evidence, gift deed was produced and petitioners objected that

said gift deed is on Rs.100/-. So, said gift deed is inadequately

stamped and unregistered. So, it cannot be admissible in the

evidence. Learned counsel for the petitioners also submits that

trial court had sent the documents for impounding and reject the

objection filed by the petitioners regarding unregistration. Learned

counsel for the petitioners also submits that by way of said gift

deed, property was transferred. So, as per the Registration Act,

(3 of 4) [CW-6022/2019]

gift deed should be registered. So, on account of unregistration,

said gift deed is not admissible in evidence.

Learned counsel for the petitioner has placed reliance upon

the judgment of this Court in the case of Perasmal through LRs.

Vs. Gumanmal & Ors. in S.B. Civil First Appeal No.38/1975

decided on 20.07.1989.

Learned counsel for the respondents has opposed the

arguments advanced by learned counsel for the petitioners and

submitted that said suit was filed by the Trust Murati Mandir Shri

Kaila Devi Ji and deity is perpetual minor. If somebody gift

property to deity then registration is not required. So, trial court

rightly rejected the objection filed by the petitioner. So, petition be

dismissed.

Learned counsel for the respondents has placed reliance

upon the following judgments : (1) Sainath Mandir Trust Vs.

Vijaya & Ors. reported in (2011) 1 SCC 623 and (2) Moorti

Shri Adeshwar Bhagwan Vs. Shimbhunath Singh in S.B. Civil

Second Appeal No.209/1984 decided on 23.08.2006.

I have considered the arguments advanced by learned

counsel for the petitioners as well as learned counsel for the

respondents.

It is an admitted position that Prem Kumar, Sushil Kumar

and Vijay Kumar had gifted the property to Kaila Devi Ji through

said gift deed. Statue of Kaila Devi Ji is perpetual minor and

anybody can transfer the property by gift without any registration

to deity. So, in my considered opinion, trial court rightly dismissed

the objection filed by the petitioners regarding registration of gift

deed. So, present petition is being devoid of merits and liable to

be dismissed.

(4 of 4) [CW-6022/2019]

Therefore, the Civil Writ Petition stands dismissed.

All the pending applications also stand dismissed.

(NARENDRA SINGH DHADDHA),J

Jatin /23

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