1. Feeling aggrieved by the judgment and decree dated 8.1.1991 passed by the learned Third Additional District Judge, Ujjain in Civil Appeal No. 26N88 whereby the judgment and decree passed by the learned Second Civil Judge Class-II, Ujjain in Civil Suit No. 661-A/79 dismissing the suit has been reversed and set aside and the suit of plaintiffs has been decreed, the State of Madhya Pradesh has come up in this second appeal knocking the doors of this Court under section 100 of the Code of Civil Procedure, 1908.

2. Karansingh S/o Sardarsingh and Madansingh S/o Narayansingh were the plaintiffs. They filed a suit for declaration of Bhoomiswami right and injunction arraying State of Madhya Pradesh through Collector Ujjain, Murti Shri Ram Mandir Pujari Sitabai- Manager, Collector Ujjain and Ambaram as defendants. According to the plaint averments in village Mohanpura, there is a temple known as "Shri Ram Mandir" and this temple is the Bhoomiswami of the agricultural land the description whereof has been mentioned in para 1 of the plaint. According to the plaintiffs, the Pujari of said temple is Smt. Sitabai widow of Ramchandra. For last two years from the date of filing of the