OM PRAKASH Vs. NIRMAL KUMAR

JUDGEMENT

(1.) HEARD on the question of admission. The instant appeal by appellant/defendant No. 4 under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 4/8/2008 passed by Sixth Additional District Judge, Gwalior (M.P.) in Civil Appeal No.31 -A/2006; confirming the judgment and decree dated 31/8/2006 passed by Sixth Civil Judge, Class -II, Gwalior in Civil Suit No. 49 -A/1994. By the aforesaid judgment, the plaintiffs' suit for declaration and permanent injunction has been decreed.

(2.) FACTUAL matrix as averred in the plaint is to the effect that ancestors of the plaintiffs have been in possession of the suit land since the year 1960 -61 and thereafter the title was transferred to them by virtue of sale deed dated 18/4/1975 and since then plaintiffs are in possession thereof. On acquisition of knowledge of constitution of a trust by defendants in respect of suit land in year 1994, plaintiffs brought a suit for declaration and permanent injunction. It is contended that since the suit land is of the plaintiffs' ownership and possession, defendants have no right to create a public trust over the suit land.

(3.) DEFENDANTS No. 1 and 2 filed written statement denying the plaint allegations. It is stated that suit land in fact is a land adjacent to the temple and same has all along been used as a Mela Ground. Later on, on 22/5/1979, a public trust was registered in respect of suit land by named Manimata trust which looks after the temple. Plaintiffs' name are not recorded in the revenue records. With the aforesaid pleadings, it was prayed that suit be dismissed.