1. Being aggrieved by the judgment dated 13.4.2009 passed by ADJ, Rajgarh (Bioara) in civil appeal No. 1-A/2009 whereby the judgment dated 30.7.2008 passed by Civil Judge, Class-I, Khilchipur in civil suit No. 54-A/2007 whereby the suit filed by the appellants was decreed, was modified, the present appeal has been filed.

2. Appeal is admitted on the following substantial questions of law:-

"Whether in the facts and circumstances of the case learned appellate Court committed error in setting-aside the judgment passed by learned trial Court?"

3. Short facts of the case are that appellant filed a suit for declaration and permanent injunction alleging that appellants are in occupation of land bearing survey No. 14 measuring 8.939 hector situated at village-Khilchipur. It was alleged that appellants are in occupation of land from the time of their ancestors. It was alleged that appellants are cultivating the land. It was alleged that name of Kanhaiyalal was recorded in the revenue record as Bhumiswami till Samvat 1919-20. It was alleged that in the year 1969-70 respondent recorded the name of temple Shri Laljidasji Maharaj and the name of Kanhaiyalal was recorded as Pujari. It wa