NAGAR PALIKA NIGAM GWALIOR Vs. KAILASH NARAIN SRIVASTAVA

JUDGEMENT

(1.) RESPONDENT-PLAINTIFFS had filed a civil suit No. 14-A/92 in the Court of Third Civil Judge Class I, Gwalior, for declaration and permanent injunction on the ground that their father late Anandi Prasad Shrivastava was owner and occupier of the Survey Nos. 1125, 1126, 1128, 1131 and 1132, situated at Morar. Out of the above survey numbers, in Survey Nos. 1128, 1131 and 1132 their father and defendant No. 3 (Saint Peter's Church) had also equal share while Survey Nos. 1125 and 1126 were in exclusive ownership and possession of his father. Thus, Survey Nos. 1125 and 1126 arc referred as 'disputed land'.

(2.) THE father of the plaintiffs died on 28-4-1982 and since then the plaintiffs are in possession as being his legal heirs and cultivating the suit land through one Gyasiram on the spot. On 12-12-1991 employees of Nagar Nigam and State Government tried to evect them which necessitated the filing of the suit.

(3.) DEFENDANT No. 3 is exclusively claiming the right and possession over Survey Nos. 1126 and 1128 while in written statement filed on behalf of State Government and Municipal Corporation the disputed land is claimed to be a Government land and in possession of the Municipal Corporation. The jurisdiction of the Court to try the suit was also challenged. However, it seems that the question of jurisdiction was not seriously contested before both the Courts below and the case has been decided on merits.