(1.) The appeal was admitted by this Court on the following substantial question of law:-
(2.) Being aggrieved by the judgment dated 30.3.2010 passed by Addl.District Judge, Susner in Civil First Appeal No.6/2010, whereby the judgment dated 4.11.2009 passed by Civil Judge Class II, Nalkheda in Civil Suit No.82-A/2008, whereby the suit filed by the appellant for declaration and permanent injunction was dismissed, was maintained, present appeal has been filed.
(3.) Short facts of the case are that the appellant filed a suit for declaration and permanent injunction on 27.9.2006 alleging that appellant be declared as owner of suit land measuring 0.65 acres of survey No.352 situated at village Khelagaon, Tehsil Nalkheda, District Ujjain and respondents be restrained not to interfere into occupation of the appellant and also delete the name of Devasthan recorded in the revenue record. It was alleged that land bearing survey No.352 was the ancestral property of the appellant. It was alleged that from the time of settlement in the year 2000 appellant is in occupation of the land. Prior to it Shivnarayan, father of the appellant was recorded as Bhumiswami alongwith his brothers. In Samvat 2007 the land was recorded in the name of Mohanlal S/o Rugnath and from Samvat 2008 name of Mohanlal was recorded as Pakka tenant. It was alleged that no part of survey No.352 was recorded in the name of Maufi Devasthan or Mahadev Mandir. It was alleged that Zamindari Abolition Act came in force w.e.f.2.10.51. Thereafter name of Mohanlal was recorded as Bhumiswami, which continued. It was alleged that vide order dated 14.7.2006 passed by the Revenue Officer name of Devasthan Mahadev Mandir was recorded on the suit land and on that basis respondents are interfering into the possession of appellant. In the suit it was prayed that decree of declaration and permanent injunction as stated above be passed.