VAISHNAV SAHAYAK TRUST Vs. KAILASH CHANDRA AND OTHERS

JUDGEMENT

(1.) The appellants/plaintiffs have filed the present first appeal u/S. 96 of the C.P.C., against the judgment, dated 1.2.2017 passed by 14th Additional District Judge, Indore, by which the suit filed by the plaintiffs has been dismissed under Order 7, Rule 11 of the C.P.C.

(2.) The facts of the case, in short, are that the plaintiff trust known as "Shri Vaishnav Sahayak Trust" is a registered trust under the provisions of M.P. Public Trust Act, 1951 (hereinafter, for short, "the Act") having Registration No.Q/Reader-1/47, 63-64 dated 5.9.1964, address - 74, M.T. Cloth Market, Indore. The said trust was constituted by the Committee of Maharaja Tukojirao Holker New Cloth Market, Indore. The plaintiff trust was allotted the land admeasuring 0.69 Hect. comprised in Survey Nos. 293 and 409/4; and 1.29 Hect. of Survey No.417, village Sirpur, Tehsil & District Indore. According to the plaintiffs, the defendant Nos. 1, 2 and 4 with the collusion of revenue authorities have got mutated the land of Survey No.295 in their name. A survey was done on 11.6.2009 by the Tehsildar, in which, the land of Survey No.295 was shown within the boundaries of plaintiff trust.When respondent Nos. 1 and 2 started claiming their ownership over the land, a cause of action accrued in favour of the plaintiff to file the present suit . Accordingly the plaintiff filed the Civil Suit No.42- A/2009 along with an application for temporary injunction. Vide order dated 7.8.2009, order of status quo was granted in favour of the plaintiff. The defendants filed the written statement and on the basis of pleadings of the parties, learned trial Court vide order dated 10.3.2014, has framed the following issues :-

(3.) In respect of the pleadings, the plaintiff have filed the affidavit under Order 18, Rule 4 of the C.P.C., of Purushottam Parsai, the President of the Trust. The plaintiff have already got exhibited as many as 14 documents as Ex. P/1 to P/14.