ORDER :

1. This appeal has been preferred by the Appellant/defendant 5 against the judgment dated 29.1.2008 passed by 14th Additional District Judge (FTC), Raipur in Civil Appeal No.6A of 2007, whereby the Appellate Court has set aside the order dated 19.11.2007 passed by 8th Civil Judge Class-II, Raipur in Civil Suit No.20A of 2007.

2. Facts of the case are that Respondent 2, Vishram Nirala had initially filed a suit, being Civil Suit No.101A of 2002 against the State of Chhattisgarh (Manager/Collector), Shri Radhakrishna Mandir Trust Committee (Respondent 5), Rambishal Sonkar (Respondent 3), Jeevanlal Vishwakarma (Respondent 4) and Ramjas Das Mahant, Priest, Shri Radhakrishna Mandir Trust Committee, Bandhawapara, Raipur claiming right in respect of land bearing khasra No.1090/3, 1122, 1125, 1129, 1130 and 1135 admeasuring area 3.75 acres. The suit was filed claiming injunction and declaration. It was pleaded that Vishram Nirala is in possession of the land and the ancestors of Vishram Nirala had given the land to Shri Radhakrishna Mandir Trust Committee with a condition that the crop yielded in the said land shall be used for management of the temple. It was further pleaded that in