RAMESH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal by plaintiffs/appellants under Section 100 of C.P.C. is directed against the judgment and decree dated 3/4/2008 passed by Additional District Judge, Sabalgarh, District Morena in Civil Appeal No. 11 -A/2006 confirming the judgment and decree of trial Court dated 31/1/2006 passed by Civil Judge, Class -II, Sabalgarh in Civil Suit No. 90 -A/1994. Plaintiffs suit for declaration and permanent injunction has been dismissed.

(3.) DEFENDANTS filed written statement denying the plaint allegations. It is inter alia contended that the suit land is a government land recorded as Aukaf land. It is denied that in Samwat 1993 (year 1936), the suit land was recorded as Bhumiswami rights of temple. In fact the name of temple is recorded as Kashtkar which has no relation with the plaintiff or his ancestors. It is further denied that the suit land was ever given on lease to ancestors of plaintiffs. In fact the suit land which was of Devsthan Maufi land was taken from the temple and surrendered to Aukaf Department. It is denied that plaintiffs were ever been in possession of the suit land as Shikmi Krishak. The State has all rights to change the nature of the land and accordingly, the same is changed. In fact, the plaintiffs were encroachers over the suit land and therefore, were rightly been ordered to be dispossessed by Nayab Tahsildar and therefore, also no right, title or interest is accrued in favour of the plaintiffs.