SHARAD CHANDRA Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the Judgment and Decree dated 10.09.1999, passed by the First Additional District Judge, Ujjain and Judgement and Decree dated 15.07.1999, passed by the Second Civil Judge Class-I by which suit for declaration and permanent injunction has been dismissed on preliminary issues.

(2.) The appellant (hereinafter referred as plaintiff) had earlier filed Civil Suit No.156-A/87 against the Government of Madhya Pradesh seeking declaration of his title over the land bearing Survey No.188, 189, 190, 224, 230 and 231, total area 9.40 hectares. Vide judgment and decree dated 06.05.1988, the suit was decreed in favour of the plaintiff. Since, the defendant No.2 was not a party in the said suit and was interfering with the possession of the plaintiff over the suit land, then he filed second suit bearing Civil Suit No.34-A/1996 in the Court of Second Civil Judge, Class-I, Ujjain seeking title and permanent injunction in respect of the same suit land.

(3.) After notice, the defendants filed their written statement raising preliminary objection that the suit is barred by limitation and not maintainable in view of the provisions of Mahankaleshwar Adhiniyam Samvat 2009. Vide judgment dated 15.07.1999, the learned Trial Court has decided the preliminary issues Nos. 5 and 6 against the plaintiff and held that the civil suit is time barred as well as not maintainable before the Civil Court.