Vivek Rusia, J.

The appellants/plaintiffs have filed the present appeal being aggrieved by judgement and decree dated 26.3.1999 passed by Sixth Additional District Judge, Ujjain, by which, Civil Suit no.39-A/1991 has been dismissed.

2. The plaintiffs filed the civil suit seeking the relief of declaration of ownership of lands having area 8 Bighas' and 1 Biswa' called as "Category 1 lands" and lands having area 10 Bighas' and 16 Biswa' called as "Category 3 lands" (both category of the lands are here in after referred as 'Suit lands') situated in the Municipal area of Ujjain and also challenged the decision of the respondents/defendants by which they were treated as encroacher as void and illegal.

3. As per pleadings in the plaint, there was Industrial Mill Company Ltd Ujjain over lands bearing Survey No.3766 area 4 Bighas and 5 Biswas and lands bearing Survey No.3654/1 area 3 Bighas 15 Biswa at Ujjain. The said company took a loan from Gwalior Trust. In order to recover the loan amount, the said Industrial Mill Company Ltd Ujjain along with the lands Category 1 was put into auction on 8.2.1930 and in the auction proceedings; Seth Onkarmal purchased the same and he was