D.P. Mohapatra JUDGMENT
D.P. Mohapatra, J.
1. This appeal filed by the plaintiffs is directed against the judgment of the Bombay High Court, in Second Appeal No. 164/1968 in which the High Court allowed the appeal, No. 123-A, filed by the defendants, set aside the decree passed by the lower appellate court and restored the decree passed by the trial court.
2. The appellants filed the suit as representatives of Akhil Digambaris Jain community of village Shirpur, Talaq Washim, District Akola. The defendants who are respondent herein were impleaded as representatives of Swetambaris Jain community of the area. The plaintiffs prayed for the following main reliefs in the suit :
"(a) Order passed by the Court of S.D.M. on 17.12.1927 and that passed by the Court of the Addl. Judl. Commissioner on 6.8.1928 against the plaintiffs be set aside.
(b) It be declared that the whole of the Digambaris Jain community is entitled to have full possession, Wahiwatdars and enjoyment of rights, over the field S. No. 197 as described hereinabove and the defendants be directed to put the plaintiffs in possession of the said field in the condition in which it may be. Similarly, it be declared that the whole of the Digambaris Jain community is entitled to have joint rights in field S. No. 198/1 as detailed and described hereinabove and the defendants be directed to put the plaintiffs in joint possession of it also in the condition in which it may be.
(c) The reliefs regarding rights as stated by the plaintiffs in paint paras Nos. 5(b) to (i) and shown in the map dated 2.10.37 be granted to them if necessary and in the alternative."
3. The case of the plaintiffs sans unnecessary detailed may be stated thus :
4. There are two fields under Survey No. 197 and 198/1 situate at mouza Shirpur Tq. Washim, District Akola, measuring 2 acres 5 gunthas and 1 acre 22 gunthas, respectively. The two fields a join each other. In Survey No. 197 there is a very old Hemadpanthi temple of Shri Antariksha Parshwanath known as Pawli temple. This temple and its precincts spread over 20 gunthas of land were being preserved as an ancient monument by the Archaeological Department of Government of India during the period 1925 to 1964. In this field near the temple there is a garden having fruit bearing and flowering trees.
5. The shrine in the said temple is worshipped by both Digambaris and Swetambaris sects of Jains. Originally the management of the temple of Shri Antariksha Parshwanath temple was in the hands of Maratha and Kunbi servants of the Jain community. These servants were known as Paulkars. In course of time the Paulkars, began to assert their rights to management of Shri Antariksha Parshwanath temple and this led to disputes between the members of Jain community on the one hand and the Paulkars on the other. In the proceedings initiated under Section 145 Criminal Procedure Code the S.D.M. Washim by order dated 7.9.1903 held that the Jain Community was in exclusive possession of the property of Shri Antariksha Parshwanath Maharaj Sansthan and accordingly the receiver was directed to hand over possession of the property of Shri Antariksha Parshwanath Maharaj Sansthan to Panchas of the Jain community.
6. Near about the year 1908 dispute started between the two Sects of Jain community, the Digambaris and the........