SURAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE plaintiffs have come up in this second appeal having lost from both the Courts below as their suit for declaration of Bhumiswami right and injunction has been dismissed.

(2.) SURAJ Singh and Chandar Singh were the original plaintiffs whose L.Rs. are the present appellants. However, wherever word 'plaintiff' is written in the judgment it would mean original plaintiffs Suraj Singh and Chandar Singh. The plaintiffs filed suit for declaration of Bhwniswami right and permanent injunction in respect to certain agricultural lands which is the subject-matter of the suit. According to the plaint averments, in village Badnagar there is a temple Laxminarayan Ji Bhagwan and suit lands are owned by the said temple. In the revenue record, the name of Collector, Ujjain has been mentioned as Vyavasthapak (Manager) and the name of one Rugnath Ji son of Mohniraj Ji is mentioned. According to the plaintiffs, said temple is the ancestral temple of Rugnath Ji and the suit lands are Muafi Inami lands and the State of M.P. has no right, title and interest either in the temple or in the suit lands.

(3.) BY operation of law, on coming into force of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code'), firstly plaintiffs became occupancy tenant and thereafter became Bhwniswami.