MUNICIPALITY INDORE Vs. GOPALPURI

JUDGEMENT

(1.) THIS appeal is filed by the Commissioner Municipality Indore against the decree passed by the Additional District Judge Indore.

(2.) THE facts of the case are that one Gopalpuri purchased in Court -auction in the year 1926 some property in the Harsidhi Mohalla at Indore. The property consisted of a bungalow, a house, and certain open land. Sale -certificate was issued in favour of Gopalpuri by the Court on 14 -10 -1926 and is produced in this case as Ex. P/1. According to the description of the property given in the sale certificate there is to the cast of the bungalow an open land measuring north -south 60 feet, and east -west 58 feet. The dispute in the present suit is confined to a strip of land measuring 5 feet east -west.

(3.) GOPALPURI was not satisfied with this order. He challenged the correctness of the 'Khasra' entries and produced his evidence before the Municipal Commissioner to satisfy him that the land in dispute was really his private property. The Municipal Commissioner was not satisfied that Gopalpuri had been in possession for more than 25 years and refused to change his previous order.