STATE OF M P Vs. KRISHNA DAS

JUDGEMENT

(1.) APPELLANT -defendant has filed this appeal under section 96 of the CPC against the judgment and decree dated 8.9.1992 in Civil Suit No. 22-A/90 passed by learned Additional District Judge Shajapur.

(2.) THE case of the respondent-plaintiff is that about 500 years old temple of Radha Krishna situated in the house of the plaintiffs at Village Sudvas Tehsil Barode District Shajapur. The plaintiff has pleaded that the Jagirdar of the village has donated the suit land area 109 bigha 4 bjswa situated at village Sudvas for the purpose of the worship of the private temple of the plaintiffs. That the plaintiffs are in possession of the suit land from the time of their ancesters. That the plaintiffs have become the bhumiswami in the Samvat 2007. The plaintiffs have further pleaded that the defendant has declared that the temple is public and the suit land belongs to the State. That the State has started the proceeding for the auction of the land and as such it be declared that the plaintiffs are the bhumiswami of the suit land.

(3.) THE learned Trial Court after framing the issues and recording the statement of the plaintiff Krishnadas PW 1 Bherusingh PW 2 and Suresh Solanki PW 3 and considering the documents Ex. P-1 to P-25 and the documents of opposite side Ex. D-1 to D-32 has held that the plaintiffs are the bhumiswami of the land and the impugned judgment of the declaration of the title of the plaintiff was passed in favour of the respondent-plaintiff.