1. Feeling aggrieved by the judgment and decree dated 9.8.1997 passed by learned First Additional Judge, Mundwara to the Court of District Judge, Mundwara in Civil Suit No. 21-A/1993 decreeing the suit of the plaintiffs, the State of Madhya Pradesh has preferred this appeal under Section 96 of the CPC.

2. The facts, in brief, for the purposes of disposal of this appeal lie in a narrow compass. Suffice it to say that a suit for declaration of Bhumiswami right in respect to the immovable property the description has been mentioned in the plaint and which is the subject matter of the suit has been filed by the plaintiffs on 24.6.1993 with a further relief that the State of Madhya Pradesh and its functionaries be restrained from interfering in their possession. According to the plaintiffs, they are the owners in Bhumiswami right in respect to the suit property and also the various superstructures built thereupon. First plaintiff, Radhika Katare bought the suit property in Malik Makbooja right vide sale deed dated 24.5.1948 from its previous owner, viz . Church of England Zenana Mission Society ( hereinafter referred to as “the Society”) a Charitable Trust which was in occupation