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2008 Supreme(MP) 1222

A.K.SHRIVASTAVA
Kashi Bharti (d) through L. Rs. – Appellant
Versus
State of M. P. – Respondent


Advocates:
oh-,- dVduh] vihykFkhZx.k dh vksj ls(
vkuan ikBd] ljdkjh vf/koDrk] jkT;@izR;FkhZx.k dh vksj lsA

V.A. Katkani for appellant;
Anand Pathak, Government Advocate for State/respondents.

JUDGMENT

1. The plaintiffs have assailed the judgment and decree passed by learned District Judge, Ratlam in Civil Appeal No. 68-A/96, whereby their appeal has been partly allowed by decreeing their suit for injunction. Learned trial Court dismissed the suit of plaintiffs which was for declaration of Bhumiswami right, correction of revenue entry as well as for injunction although it was held by learned trial Court in para 11 of its judgment while deciding issue No.5 that plaintiffs arc entitled to retain 20 Beeghas of the land out of the total land in question which is 6.700 hectares.

2. In brief the case of plaintiffs is that the agricultural land, description whereof has been mentioned in the plaint has been entered in the name of temple Shri Shankar Ji through Pujari Kashi Bharti son of Nagu Bharti and Nathugir son of Gangagir Gusai. The suit land was given to the predecessors of plaintiffs hundred years ago from the date of filing of the suit (suit was filed on 16.7.1990).

3. It is the further case of plaintiffs that the suit land was given to their predecessors to establish a temple of Shri Shankar Ji and for maintenance the land in question was given to them by the then Rule




















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