Honble MATHUR, J.–This appeal by special leave has been preferred against the judgment and decree dated 9.7.2001 of a Division bench of High Court of Madhya Pradesh at Indore, by which the Letters Patent Appeal preferred by State of Madhya Pradesh was allowed and the suit filed by the respondent, Prabhakar Adsule was dismissed.

(2). The property in dispute is a plot measuring 8.70 acres situate in Residency Area in Indore. The respondent herein Prabhakar Adsule filed a suit for declaration that he is the sole owner in possession of the plot in dispute and also for injunction restraining the defendants from interfering with his possession over the said plot in any manner. Sometime after filing of the suit, an amendment application was moved and relief for possession was also claimed in the alternative. The case of the plaintiff, in brief, was that Somaji son of Girdhari was owner of the disputed plot which was coming in his possession since 1918; that he executed a will bequeathing the plot in favour of his daughter-in-law Sajjan Bai on 12.2.1954; that Sajjan Bai executed a sale deed of the disputed plot in favour of the plaintiff on 24.12.1966 for a consideration of Rs.40, 000/-; th

Click Here to Read the rest of this document