KASHI BHARTI Vs. STATE OF M P

JUDGEMENT

(1.) THE plaintiffs have assailed the judgment and decree passed by learned District Judge, Ratlam in Civil Appeal No. 68-A/96, whereby their appeal has been partly allowed by decreeing their suit for injunction. Learned trial Court dismissed the suit of plaintiffs which was for declaration of Bhumiswami right, correction of revenue entry as well as for injunction although it was held by learned trial Court in para 11 of its judgment while deciding issue No. 5 that plaintiffs are entitled to retain 20 Beeghas of the land out of the total land in question which is 6.700 hectares.

(2.) IN brief the case of plaintiffs is that the agricultural land, description whereof has been mentioned in the plaint has been entered in the name of temple Shri Shankar Ji through Pujari Kashi Bharti son of Nagu Bharti and Nathugir son of Gangagir Gusai. The suit land was given to the predecessors of plaintiffs hundred years ago from the date of filing of the suit (suit was filed on 16.7.1990).

(3.) THE State Government-defendants refuted the plaint averments by filing written statement. In para 13 it has been pleaded that rightly the name of Collector has been endorsed in the revenue record though it has been pleaded by plaintiffs in para 13 of the plaint that without giving any notice and providing opportunity of hearing to them, the name of Collector has been endorsed in the revenue record. The defendants have prayed that the suit of plaintiffs be dismissed.