Rajasthan Public Trust Act, 1959–Suit for declaration that the suit property is/was of Ramsnehi Sampraday and Mahant of Sampraday had no transferrable rights in respect of the property–Decreed–Instant first appeal–It is established that the Ramsnehi Sampraday is a public trust–Defendants failed to establish that it was a private property of Mahant, acquired from his self and separate earning–Property transferred either by sale or bequeath was not by the person in whose name the patta was standing, rather, the chela/disiple transferred it without any authority–Mahant was only regulatory authority and authority of minor expenses to facilitate the interest of the trust–Interest of plaintiff no. 2 (Ramdham Mandir) is properly represented by plaintiff no. 1–Plea of appellants that the Commissioner, Devasthan Vibhag was not impleaded as the party, also cannot be accepted as he remained present before the Court–Further, the Devasthan Department was a formal party–Transactions entered between the transferor and the transferee were void ab initio, therefore, the plea that the relief of declaration was barred by the limitation also cannot be accepted–Held, suit was rightly decreed.
