PEER MOHAMMAD SAEED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants had instituted a suit for perpetual injunction on the ground that they are the owner of an area 4. 28 acre of Survey No. 1248 situated near Bridge Paatra, Galla Mandi Road, Muttasil Jhirya Shifa Shah, bhopal. This land was granted by His Highness late Nawab Haji Hamesdullah khan, the then ruler of Bhopal State along with other land of Khasra no. 8006/1, area 0. 34 acre Jahangirabad, Bhopal to Janab Hazrat Shah Mohd. Yaqoob Sahib, son of Peer Abu Ahmad Sahib. The grant is by Inayatnama (Sanad) duly signed and certified by Secretary, Govt. of Bhopal dated 5th june, 1939. The land of Khasra No. 1248 measuring 4. 28 acre is bounded as under : east : land of Khasra No. 1279 and Pastra river. West : Land of Khasra No. 1249 and slaughter house. North : Road from Pul Bobda to Bharat Talkies. South : Nala.

(2.) AFTER partition, land of Khasra No. 1248 devolved and divided between the appellants and their mother Batul Begum. After the death of Smt. Batul bagum, her share devolved upon the plaintiffs in pursuance to the order passed by Tahsildar on 1/11/1972. It is contended that on 27/8/1990 when plaintiff No. 1 visited the spot then he came to know that in the land of plaintiffs approximately about 20' inside the land tranches of size about 4' x 5' along with the land of them are being made. The wall was broken. The said trenches are made by the men of Public Works Department, Municipal corporation and M. P. Electricity Board for erection of roads. The said authorities without any acquisition started the said work. The appellants/ plaintiffs prayed to grant a decree for perpetual injunction restraining the respondents/defendants, its agents and servants to cause any sort of damage to the plaintiffs' property and land and to refrain from interfering with the plaintiffs' enjoyment of peaceful possession thereof. By way of amendment, the appellants/plaintiffs also claimed damages worth rs. 15,000/- and compensation with a decree for future compensation @ rs. 1,000/- per month w. e. f. 22/8/1994 to the date of restoration of actual possession of the suit land.

(3.) RESPONDENTS 1, 2 and 4 have not filed any written statement before the trial Court. Respondent No. 3/defendant No. 3 (Municipal Corporation, bhopal) filed its written statement and denied the averments made in the plaint. In the written statement it is specifically stated that no encroachment has been made and the work is going on over the government land towards North side of Khasra No. 1248 by the Public Works department. It is also contended that plaintiffs and other persons had encroached the government land and just to remove the said encroachment filed the present suit. It is also contended that value of the suit land is more than Rupees ten lacs but no Court fee has been paid. With the above pleadings respondent No. 3 prayed for dismissal of the suit.