ADARSH BALAK MANDIR Vs. CHAIRMAN, NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 3.8.2013 passed in Civil Suit No. 19-A/12 passed by Ist Additional District Judge, Harda whereby the appellant's/plaintiff's suit for declaration of Bhuswami right and the possession over suit land of 1.97 acres land out of Khasra no. 237, area 0.55 acres, Khasra No. 238, area 0.15 acres, Khasra No. 239, area 1.53 acres and to remove the Vardan complex made over it and to delete the name of respondent no. 1 from revenue record and to restrain the respondents/defendants from making any construction and to sell the shops, was rejected.

(2.) It is not disputed in this case that the aforesaid suit land was given by erstwhile Provincial Government of CP and Berar by Memo dated 20.9.1943 to the Maharashtra Children Club, Harda for use as play ground. The appellant/plaintiff is successor of Maharashtra Children Club. On the aforesaid land, respondents/defendants are constructing sport complex as well as shopping complex on the basis of the aid given by the Central Government to provide multifarious facility for sports with the modern equipments of exercise and play activities.

(3.) On 3.6.2005, the appellant/plaintiff files a suit before the Additional District Judge, Harda stating that after getting the aforesaid land from the provincial government, the appellant/plaintiff is using it for the purpose of play grounds and cultural activities organized by the institute. On 5.9.1988, a part of aforesaid land was exchanged with the respondent no. 2, Municipal Council, Harda and the appellant/plaintiff is owner of the land and without following the due procedure of law, name of the respondent no. 2/Municipal Council, Harda has been recorded in the revenue record and this fact came into the knowledge of the appellant/plaintiff on 25.4.2005 and it was also come into the notice of the appellant/plaintiff that the respondents/defendants are intended to construct the sport complex and shops, therefore, the suit is filed to get aforesaid relief against the respondents/defendants with permission under Section 80 (2) of the CPC.