VIJAYANAND SINGH Vs. CHIEF SECRETARY

JUDGEMENT

(1.) IT is a second appeal filed by the plaintiff under section 100 of C.P. Code against the judgment and decree dated 24.6.2002, passed by learned Additional District Judge, Rajgarh (Biaora) in C.A. No. 21A of 2002 which in turn arise out of Civil Suit No. 49A of 1989, decided by Civil Judge Class I,. Khilchipur, on 25.2.2002. The question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as contemplated by section 100 of CP. Code for admission of this appeal ?

(2.) HEARD Shri G.S. Gokhle, learned counsel for the appellant on the question of admission.

(3.) IT is a suit to claim declaration that the temple in question as also the properties attached to it are personal or / and private properties of the plaintiff and hence, declaration to that effect be granted. In the opinion of learned first appellate judge and in my opinion rightly, the plaintiff failed to prove his ownership over the temple as also on the properties recorded in the name of temple.