SARITA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent, heard finally.

(2.) Precisely stated facts of the case are that appellant/plaintiff filed a suit against the respondents (hereinafter referred as "defendants") for declaration of title, possession and permanent injunction in respect of suit property situate at Municipal Corporation bearing Nos.32/752, 32/752/1 and 35/752/2. As per the pleadings, plaintiff purchased the first plot vide registered sale deed dated 03.10.1981 from Smt. Anuradha Pathak and Smt. Minakshi Sharma, second plot vide registered sale deed dated 12.04.1982 from Smt.Minakshi Sharma and third plot vide registered sale deed dated 12.11.1987 from Brij Kishore. At the time of purchase, they were the owners of the disputed suit property and their names were mentioned in Municipal Corporation, Gwalior as owners. It is further submitted that foundation had been laid over the property in question and one room had been constructed.

(3.) It is further pleaded the on 24.04.1989, employees of defendant No.1 (State of M.P. through Collector) with the help of defendants No.2 and 3 (Commissioner Municipal Corporation and Administrator Municipal Corporation, Gwalior) had tried to remove the construction and interfere in the peaceful possession. Some goods lying over the plot were also taken forcibly.