1. The instant appeal is directed against the reversing judgment of the first appellate Court dated 8/5/2001passed by Additional District Judge, Gohad, District Bhind in Civil Appeal No. 14/2000 setting aside the judgment and decree dated 30/6/2000 passed by Civil Judge, Class-II, Gohad in Civil Suit No. 166-A/1998.

2. This Court vide order dated 26/04/2008 had admitted the appeal on the following substantial questions of law:-

“(1) Whether the land kept reserved for Sarvaganik Nistar or Charnoi Abadi land and whether this land can be converted for residential use ?

(2) Whether the first appellate Court has wrongly comes to the conclusion that the plaintiff has no any right upon the open land to enjoy it ?”

3. Necessary facts relevant for decision of this appeal as per plaint allegations are that a suit for declaration and permanent injunction was filed alleging that plaintiff has a residential house in village Khuman Ka Pura, Gurikha, Mazra, Tahsil Gohad, District Bhind. Entrance door of the house is on the western side and the adjoining area thereto was an open land which is a public land. A Hanuman temple is also situated in the vicinity of the area where people used to v