POONAMCHAND Vs. MURTI MADANMOHANJI

JUDGEMENT

(1.) PETITION has been preferred against the order dated 30-11-2006 (Annexure P-1) rejecting thereby an application dated 11-12-2003 submitted under Section 10 of the Code of Civil Procedure.

(2.) SHORT facts leading to the petition are that the petitioner purchased the suit property vide registered sale deed dated 7-4-1978 from one Sohanlal pujari for a consideration of Rs. 40,000/-, Manager Court of Wards (Tehsildar)Ratlam, on an application submitted before him by Sanatan Dharm Sabha, ratlam, declared it as a Government property. Petitioner challenged it by instituting Civil Suit No. 143-A/98. He prayed for declaration of title in his favour. Permanent injunction was also sought against the State of Madhya pradesh as well as Manager Court of Wards to the effect that the mutation in favour of State of Madhya Pradesh in the record of Municipal Corporation, ratlam may beleted. Copy of the plaint is on record as Annexure P-6. The suit was contested by the then defendants by submitting a written statement and issues were raised" therein by the Court of Additional Judge to the Court of First civil Judge Class- I, Ratlam, Issue No. 1 (A) pertained to the title and possession of the plaintiff whereas, issue No. 1 (B) pertained to the ownership of the State government over the suit property. The suit was decreed on 12-9-2003 in favour of the plaintiff/petitioner vide judgment and decree contained in Annexure P-9 and the title of the plaintiff/petitioner with respect to the suit property was declared. Simultaneously, the order of the Collector Ratlam dated 14-1-1997 was declared void and ineffective. A decree for permanent injunction was also granted restraining the defendants therein from causing interference into the plaintiff rights and possession over the suit property. Judgment and decree of the Trial Court was confirmed by the Lower Appellate Court vide Annexure p-10. Second Appeal No. 1420/05 against the aforesaid has been admitted by this Court and the same is pending for adjudication as revealed in Annexure P-11.

(3.) ANOTHER Civil Suit bearing CS. No. 8-A/2003 has been instituted by