(1.) The State of Madhya Pradesh/defendant has filed the present second appeal being aggrieved by judgment and decree dated 03.09.1998 passed in Civil Suit No.5-A/1998 by 2nd Civil Judge, Class-II, Neemuch affirmed by Second Additional District Judge, Neemuch vide judgment and decree dated 03.12.1999 passed in Civil Regular Appeal No.38-A/1998.
(2.) Facts of the case, in short, for disposal of this appeal are as under :-
(3.) By order dated 004.2000 this appeal was admitted for final hearing on the following substantial questions of law :-