STATE OF M P Vs. RAMCHANDRA

JUDGEMENT

(1.) This second appeal has been preferred by the defendants feeling aggrieved by the judgment and decree dismissing their appeal by First Appellate Court.

(2.) The plaintiffs who are respondents in this appeal filed suit for injunction praying that a decree of perpetual injunction be issued against defendants-appellants from interfering in their possession with a further relief of injunction that they be restrained from auctioning the agricultural lands in question.

(3.) In brief the suit of plaintiffs is that Shri Ram Mandir is entered in the revenue record as Bhumiswami and in the revenue record Laxman Das S/o Sukhram Das Bairagi is entered as Pujari and Manager. However, since beginning the possession on the suit land is of plaintiffs. Earlier their predecessors were possessing the suit land. The plaintiffs father passed away 20 years earlier to the date of filing of the suit (suit filed on 6-8-1979). After the death of their father, they are possessing the suit land and the partition has also be'en taken place between them. The land situated on the southern side' is being possessed by plaintiff No. 2 Ganesh alias Ganpat and the land located at the northern side is of plaintiff No. 1 Ramchandra. In the revenue record, Collector Ratlam (defendant No. 1) has been entered as Manager of which no intimation was given to the plaintiffs and no opportunity of hearing was provided to them. According to the plaintiffs, the said entry is void.