STATE OF M P Vs. JIWANLAL CHIKOTIYA

JUDGEMENT

(1.) This appeal is by defendants.

(2.) Plaintiffs/respondents had filed a civil suit claiming therein that a temple delineated by red line with the plaint map be declared as public property and perpetual injunction be issued against the defendants restraining them from damaging the temple. It is pleaded that there is a public temple adjacent to the stores of Public Works Department at Anand Nagar in Thatipur Bajaria. The temple consist of statue of Shiv, Hanuman and Santoshi Maa from past 42 years. Adjacent to the temple a boundary wall has been constructed and in the compound there are fruit bearing trees such as mangos, Jamun, grapes and other trees of neem, sheesham and peepal. The residents worship in the temple. A notice was affixed by defendant No.2 in the name of plaintiff No. 2 R. C. Chakotia to remove the encroachment within seven days otherwise he will be dispossessed. Thus, cause of action for bringing the suit was from the date of notice by defendant No. 2 to remove the encroachment.

(3.) It is contended by the plaintiffs that the neighbours have spent money in construction of the temple and planting of trees is within the knowledge of Public Works Department and Municipal Corporation Gwalior. Plaintiff has claimed adverse possession against the State Government. It is further contended by the plaintiffs that they have served notice under Section 80 C. P. C. upon the defendants. Plaintiff has valued the suit at Rs.1,00,200/- and for the purpose of injunction suit was valued at Rs.200/-.