Gayaprasad vs State of M. P. - 2008 Supreme(MP) 437

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(MP) 437

ABHAY GOHIL
Gayaprasad – Appellant
Versus
State of M. P. – Respondent

Advocates:
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B.I. Mehta for appellants;
Lokesh Bhatnagar, Government Advocate for State.

JUDGMENT

Gobil, J. -- 1. This second appeal filed by the appellants-plaintiffs was admitted on 27.4.1998 on the following substantial question of law :

"(a) Whether the first appellate Court has gone wrong in interpreting the material document Ex. P-3 and whether wrong interpretation has resulted in the decree liable to be dislodged?

(b) Whether the first appellate Court has committed an error of law in dislodging and demolishing the judgment and decree passed by the trial Court contrary to the principles of law laid down in AIR 1974 SC 405 (Baburao Bagaji Karemore and others v. Govind and others)?"

2. The brief facts of the case are that plaintiffs filed a suit for declaration of title and permanent injunction against the respondent-State, stating therein that suit land bearing survey No.1 admeasuring 6.584 hectare, 2 admeasuring 0.086 hectare, 3 admeasuring 1.497 hectare and 2 admeasuring 6.929 hectare, total area 15.982 hectare, situated in village Barda, Tahsil Khategaon, on which temple of Shri Krishna is situated, was given to his father Kaluram and Gotulal by the then Zamindar of Chuhumat as a gift, which was free from land revenue, on the condition that he will perform Pooj