SANTOSH YADAV, S/O LATE SHRI KASHIRAM YADAV AND OR Vs. SHRI MOIN AKHTAR, S/O LATE SHRI BABOO RAJAK AND OR

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 16.10.2003 , passed by Second Additional District Judge, Jabalpur in civil suit No. 128-A/03, Plaintiff/Appellant of F.A. No. 568/03, as well as Defendant/Appellant of F.A. No. 76/04 have preferred these two appeals under Section 96 of Code of Civil Procedure

(2.) Since both these appeals arises from the same judgment and decree, therefore these appeals are being disposed of by this common judgment.

(3.) The brief facts of the case is that, Plaintiff/Appellant of F.A. No. 568/03, filed a suit for declaration of title, possession and permanent injunction against the Defendant/Appellant of F.A. No. 76/04. He pleaded in the plaint interalia that he purchased the suit property from one Zanab Khan situated at Marhotal, area 70X70 sq.ft., out of Khasra No. 155 , by paying the consideration of Rs. 98,000/-in cash. Zanab Khan also executed an agreement to sale and power-of-attorney in the favour of Plaintiff/Appellant of F.A. No. 568/03, on 11.06.90. It is further pleaded that in this plot on 35X56 sq.ft. there was a racked and ruined mosque, which was being made by the interest money collected by forefathers of Zanab Khan. Therefore, for the last 66 years namaj was not performed in the mosque by the followers of Islam. It is further pleaded that there is also a Nag Devta Mandir and Durga Mandir situated in the suit property. Plaintiff/Appellant of F.A. No. 568/03, being a religious person he renovated Nag Devta Mandir in June, 1990. He also constructed a small temple of Maa Durga Devi Mandir near the Mandir of Nag Devta. According to him, there is no structure like Masjid remained in the disputed plot. He further pleaded that he was performing the pooja for last 10 years but on 29.04.2000 the Defendant/Appellant of F.A. No. 76/04 has forcefully taken the possession over the disputed property and also has demolished the Mandir and has cut some trees and caused damages of Rs. 2 lakh to him. Thus, Plaintiff/Appellant of F.A. No. 568/03, filed a suit for declaration of title, possession of property, recovery of damages and permanent injunction against the Defendant/Appellant of F.A. No. 76/04.