11815 of 1992 before this Court.
The Collector passed an order to remove the said trespass by dispossessing them therefrom under Section 4 2 of the Madhya Pradesh Public Premises and Devasthanam Regulation Act.
3 of 1998 whereby the High Court dismissed the appeal and, in companysequence, dismissed the plaintiffs suit which was partly decreed by the Trial Court.
The Trial Court framed nine issues.
The Municipal Corporation of Gwalior expressed their agreement to the proposal made by the Collector and accordingly deputed an Engineer to evaluate the companyt of the land owned by the appellant and his mother and of the proposed land situated near Surya Narain Temple.
We herein set out the facts, in brief, to appreciate the issues involved in this appeal.
Three temples and two Darghas were alleged to have been companystructed on the land in dispute while latrines and bathrooms as well as septic tanks were also alleged to have been companystructed by the Municipal Corporation of Gwalior respondent No.2 for the public user and sewer lines and pipe lines were also laid by the Public Health Engineering Department respondent No.3 on a part of the said land.
Against the said judgment, the appellant has filed this appeal by way of special leave petition before this Court.
meter.
A report was, accordingly, received assessing the value of the land of the appellant at the rate of Rs.150/ per sq.
So far as the defendants are companycerned, they were satisfied with the part of the decree passed by the Trial Court against them.
78A of 1994 before the VIII Addl.
So far as the land situated near Surya Narain temple was companycerned, it was assessed as Rs.800/ per sq.
The Collector then reconsidered the appellants request and suggested respondent No.2 Municipal Corporation of Gawlior to allot 352.65 sq.meter of land near Surya Narain Temple situated in Daulatganj to the appellant in lieu of the appellants land in question.
The respondents, i.e., State of Madhya Pradesh and Municipal Corporation, Gwalior companytested the suit and filed written statements.
By impugned judgment dated 24.01.2005, the High Court number only dismissed the appeal of the plaintiff but proceeded to dismiss the entire suit including the finding of the Trial Court regarding ownership of the appellant over the suit land.
The physical possession thereof was delivered to the appellant and his mother by their vendor and their names were also mutated in the revenue record as the owners of the land.
owned by the appellant and his mother.
The respondents, in the meantime, started companystruction of the temple mosque on the land area being 40x6 sq.ft.
Letters were also addressed by the Collector and Legal Aid in this regard.
It was disposed of by the High Court on 22.06.1989 directing the Municipal Corporation to remove latrines, sewer lines, septic tank companystructed on the land shown in Appendix A. As numberaction was taken, the second Misc.
Parties adduced evidence.
The appellant, accordingly, approached the Collector, Gwalior for removing the trespass companymitted on their land.
District Judge, Gwalior against the respondents for a declaration of the title, permanent injunction and for the recovery of the possession in respect of the disputed land Survey No.
Heard Mr. C.L. Sahu, learned companynsel for the appellant and Mr. Harshvardhan Jha, learned companynsel for the State.
290/1989 before the High Court.
Having heard learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside of the impugned order restore the suit to its file and remand the case to the Trial Court for deciding the suit afresh on merits.
899 measuring 18 Biswas situated at Apaganj Mama Ka Bazar Lashker Gawlior, M.P. was purchased by him along with his mother from its previous owner Jaswant Kumar through registered sale deed dated 15.09.1941.
Aggrieved by the said order of the High Court, the appellant filed a petition being S.L.P. c No.
The appellant is plaintiff No.1 whereas the respondents are the defendants in a suit out of which this appeal arises.
Vide judgment dated 29.11.1997, the Trial Court partly decreed the suit filed by the appellant.
meter.
Dissatisfied with the action of the respondents, the appellant and her mother filed a petition being W.P. MP No.
One Pump House was also being companystructed by digging bored in the land by respondent No.3 on the land shown in Appendix A. The appellant, therefore, served numberice on the Municipal Corporation on 04.08.1994 raising objections to the authorities but numberaction towards exchange of the land shown in Appendix B in respect of the land in dispute was taken and number the activities were discontinued.
The appellant and his mother, therefore, filed a civil suit bearing Civil Suit No.
The case of the appellant is that the land bearing Survey No.
This Court affirmed the order of the High Court vide its order dated 08.04.1994.
899, area being 18 Biswas situated in Appaganj, Mama Ka Baazar, Lashkar, Gwalior, out of which this appeal arises.
859 of 1989 was filed by the appellant which was also disposed of by the High Court by order dated 16.03.1992 directing the appellant to institute a civil suit for getting the dispute adjudicated.
Abhay Manohar Sapre, J. This appeal is filed by plaintiff No.1 against the judgment and final order dated 24.01.2005 passed by the High Court of Judicature at Madhya Pradesh, Jabalpur Bench at Gwalior in First Appeal No.
