1. The present First Appeal is arising out the judgment and decree dated 14-12-2002 passed IXth Additional District Judge (Fastrack Court), Ujjain in Civil Suit No. 23-A/2002, Bachhraj Factory Limited. v. Nagarpalika Nigam Ujjain.

2. The facts of the case reveal that the respondent/plaintiff has filed a suit for declaration of title and permanent injunction and in the alternative that the plaintiff has become owner of the suit property by virtue of an adverse possession. The plaintiff has also sought relief in the form of mandatory injunction praying that possession of the suit property/part of land be delivered to him.

3. The facts of the case further reveal that the plaintiff Bachhraj Factory Limited is company registered under the Companies Act, has filed a civil suit through his power of attorney holder Mahendra Mehrotra and a suit was filed in respect of land bearing Survey No. 1332/1/1, area 17 bigha and 30 biswa and out of the aforesaid, it was pleaded that the plaintiff/company is owner of the land, having an area 14 bigha and 13 biswa.

4. Undisputedly, on the aforesaid land, as on date the Ujjain Municipal Corporation is in possession and its buildings are in existe