JUDGMENT :

Heard. Admit. Heard finally with the consent of learned Counsel appearing on behalf of the respective parties.

2. This is an appeal filed by Nagar Parishad, Katol (original defendant No.4) against the order dated 30th April, 2019 passed below Exhs.5 and 40 by the learned Joint Civil Judge, Junior Division, Nagpur in Special Civil Suit No. 886 of 2017, whereby application filed by the plaintiffs (respondents) for temporary injunction under Order 39 Rule 1 and 2 came to be allowed. (The parties in the present appeal hereinafter referred as plaintiffs and defendant for the sake of brevity).

3. The plaintiffs have filed Special Civil Suit No. 886 of 2017. The plaintiff No.1 claims to be the owner of Khasra No. 589 (old) admeasuring 1.40 acres (Final Plot No.399, area 0.74 acres as per Town Planning Scheme, Katol No.1)(area as per City Survey 1862.1 sq. meters), together with construction thereon bearing City Survey No.3362, Sheet No.27 of Mouza Katol, situated at Katol. The said suit property is owned by plaintiff No.1. The plaintiff No.1 is a Trust and the absolute owner and occupier of the suit property and is in occupation and possession of the suit property since more than century. The said Trust is exercising its absolute rights over the said suit property without any let, hindrance or obstruction from any quarter. The said property is recorded as Trust property in the record of Joint Charity Commissioner. The structure standing over the suit property indicates the age of structure which is around century.

4. The construction of the structure over the suit property belonging to plaintiff No.1/Trust was completed in the year 1938. The plaintiff No.1/Dharamshala Trust was formed in the year 1912-13 and the suit property admeasuring 1.40 acres was allotted to plaintiff No.1 under the Berar Cotton and Green Market Act, 1897 for establishment of Cotton Market Dharamshala. In the Bandobast Khasra of the year 1912-13, the said land bearing Khasra No.589 is shown as land of Cotton Market Dharmashala Trust. The said Trust was established for the purpose of providing facility to the Cotton sellers who were coming from outside and were visiting the Cotton Market at Katol for sale of cotton and also for providing the basic lodging and boarding facility to the outside Cotton Sellers so also for their security purpose.

5. In the year 1921, a Dharmada Funds was formed and from the said Funds, Dharamshala Trust was formed. The construction of the building of the Trust which is in existence as on date was completed in the year 1935-38. The Trust was registered as society under the erstwhile Madhya Pradesh Act. In the year 1950-51, the suit property was shown under the ownership of the Trust.

6. In the year 1971-72 with the formation of the City Survey department, the measurement of the land in Katol was carried out and maps were accordingly prepared and city survey numbers were assigned. During the course of the measurement by the City Survey Department the area of the aforesaid land was recorded as 1862.1 sq. meters only. The said land is shown as Government Land (Abadi). Incidentally, the said entry in the City Survey records went unnoticed. The plaintiff No.1 after becoming aware about the said erroneous entries in the revenue record has challenged the same before the Revenue authorities and the matter is pending.

7. In the Enquiry Register of the year 1971-72, the name of Dharamshala is recorded. In the year 1978, the development plan with respect to Katol Municipal Council came to be sanctioned. In the said development plan, the suit property is shown as “Sarai” (Dharamshala). This also shows that the suit property all along had been acknowledged as Dharamshala property and the plaintiff No.1 is shown as the owner of the suit property. In the municipal record, the suit property is shown as owned by plaintiff No.1.

8. In the year 2002-03, the Nagar Parishad had issued notice for demolition of the Trust building. Civil Suit was filed wh