Judgment

S. C. AGRAWAL, J.:- This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh dated October 6, 1980 in M.P. No. 12/ 73 arising out of proceedingsinitiated by Shiv Ram, respondent No. 1 herein, against Malkhan under S. 248(1) of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the Code), for his ejectment from 19 Bighas 8 Biswas of land in village Juara, District Morena, Madhya Pradesh, on the ground that he was in unauthorised possession of the said land.

2. In village Juara, District Morena, falling in the former Gwalior State, there is a temple of Shri Ram Jankiji. 78 Bighas 17 Biswas of agricultural land had been given, by way of maufi, for the temple by the ruler of the former Gwalior State. Vasudev Rao, father of respondent No. 1, was the Pujari of the said temple and he was described as the Maufidar in the revenue records. The said maufi grant was revoked and the maufi land was handed over to the Department of Aukaf as Government property vide Circular dated August 13, 1934 of the Government of Gwalior State. By order of the Commissioner (Maufi and Aukaf), Government of Gwalior State, dated December 10, 1935