Rajasthan High Court - Jaipur
Vishan Lal S/O Late Sugan Lal vs Trust Murati Mandir Shri Kaila Devi Ji on 2 December, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
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.
(Downloaded on 06/12/2022 at 12:25:12 AM)
(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,
(Downloaded on 06/12/2022 at 12:25:12 AM)
(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.
(Downloaded on 06/12/2022 at 12:25:12 AM)
(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 (Downloaded on 06/12/2022 at 12:25:12 AM) Powered by TCPDF (www.tcpdf.org)