1. The appeal was admitted by this Court on the following substantial question of law:-

“Whether in the facts and circumstances of the case learned Courts below committed error of law in not granting the decree of permanent injunction in favour of appellant relating to the suit property?”

2. Being aggrieved by the judgment dated 30.3.2010 passed by Addl.District Judge, Susner in Civil First Appeal No. 6/2010, whereby the judgment dated 4.11.2009 passed by Civil Judge Class II, Nalkheda in Civil Suit No. 82-A/2008, whereby the suit filed by the appellant for declaration and permanent injunction was dismissed, was maintained, present appeal has been filed.

3. Short facts of the case are that the appellant filed a suit for declaration and permanent injunction on 27.9.2006 alleging that appellant be declared as owner of suit land measuring 0.65 acres of survey No. 352 situated at village Khelagaon, Tahsil Nalkheda, District Ujjain and respondents be restrained not to interfere into occupation of the appellant and also delete the name of Devasthan recorded in the revenue record. It was alleged that land bearing survey No. 352 was the ancestral property of the appellant. It was alle