MUKESH Vs. SUB DIVISIONAL OFFICER INDORE THR. COLLECTOR

JUDGEMENT

(1.) Learned counsel for the appellants heard on admission.

(2.) Facts of the case, in brief, are that appellants/plaintiffs have filed civil suit before the trial Court for declaration of title and permanent injunction by stating that the suit land situated at village Jambudi Hapsi bearing Survey No.378, 393, 394, 395 and 341 admeasuring 29.35 Acres allotted by the Holkar State in Inam to Shri Narayandas. Thereafter about 100 years ago Narayandas constructed a temple upon it and the appellants' forefather performed Pooja and Archana in the said temple, which was their personal temple. After the death of Narayandas, appellants being ancestors came in possession of the aforesaid disputed land in the year 1948. Holkar State was abolished. In the year 1974 the respondents added the name of Collector as a Manager/Bhumiswami in the disputed land without giving any notice to the appellants. Collector, Indore tried to auction the suit land, therefore, appellants gave notice to the respondents and thereafter civil suit has been filed before the trial Court.

(3.) Respondent No.1/defendant filed written statement before the trial Court and denied all the plaint averments by stating that the disputed temple was never constructed by the forefathers of the plaintiffs and it is not a personal temple of plaintiffs and their forefathers. It was a public temple of the Holkar State and Collector has a right to auction the land belonging to the public temple. The plaintiffs did not file any civil suit in compliance of Sec. 57 of the M.P. Land Revenue Code, 1959 (in short "MPLRC"). The Deity was not impleaded as a party, therefore, the civil suit is not maintainable.