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2. A few material facts may be noticed. The plaintiffs filed the suit under Section 22 of the Rajasthan Public Trust Act, 1959 (for short the 'Act') for declaration that the entry in respect of the temple in question made under Section 21 of the Act as public trust be declared invalid and the same be set-aside and the finding recorded regarding the temple in question to be the public trust be also set aside. The plaintiffs alleged that the temple of Mahakaleshwar and the houses adjoining to this temple situated in Ward No. 22 in Mohalla Ambamata were built by the ancestors of the plaintiffs. The property was not dedicated and the plaintiffs are bearing expenditure of the temple and the idol is the family deity. It was alleged that the Assistant Commissioner gave notice to the plaintiff under Section 18(2) of the Act for registration of the trust. The plaintiffs submitted the reply stating that it is a private trust. However the Assistant Commissioner gave the finding on 1-7-1966 that it is a public trust and directed its registration and for issuance of certificate of registration in the name of Mahant Narayandut Nath a working trustee. The finding was upheld in appeal by the Devasthan Commissioner by his order dated 20-9-1967 upholding the registration of the temple as public trust. The Commissioner further directed the Assistant Commissioner to hold enquiry on matters mentioned in clauses (iv) to (viii) of Sub-section (1) of Section 18. The plaintiffs challenged the finding of the Devasthan Authorities and further took pleas regarding the invalidity of the action taken by the Devasthan Authorities.

(i) Whether a trust exists and whether such trust is a public trust;

(ii) Whether any property is the property of such trust;

(iii) Whether the whole or any substantial portion of the subject matter of the trust is situate within his jurisdiction;

(iv) the names and addresses of the working trustee and the manager of such trust;

(v) the mode of succession to the office of the trustee of such trust;

(vi) the origin, nature and object of such trust;

(vii) the amount of gross average annual income and expenditure of such trust and;

(2) The entries so made shall, subject to the other provisions of this Act and subject to any change recorded under provision of the Act or a rule made there under, be final and conclusive.

22. Civil suit against enteries made under Section 21--(1) Any working trustee or person having interest in any property found to be trust property aggrieved by any entry made under Section 21 may, within six months from the date of the publication thereof on the notice board of the office of the Assistant Commissioner under Sub-section(1) of Section 21, institute a suit in a civil court to have such entry cancelled or modified.

(iii) whether the whole or any substantial portion of the subject-matter of the trust is situated within his jurisdiction?

(iv) the names and addresses of the working trustee and the manager of such trust;

(v) the mode of succession to the office of the trustee of such trust;

(vi) the origin, nature and object of such trust;

(vii) the amount of gross average annual income and the expenditure of such trust; and

(viii) the correctness or otherwise of any other particulars furnished under Sub-section (3) of Section 4.