Appellate courts must respect trial court findings unless there is a substantial question of law or a material irregularity; mere disagreements on facts are insufficient for overturning decisions.

JUDGMENT :

BINOD KUMAR DWIVEDI, J.

1. Having regard to the similitude of controversy involved, commonality of disputed lands and parties, these second appeals are being disposed of by this common order.

2. Appellant State of Madhya Pradesh and others and Bhagwan Bahubali Digamber Trust (For short hereinafter will referred as ‘Trust’) have filed these appeals against the Judgment and Decree dated 16-10-2019 passed by the Learned XXVIIth Additional District Judge Indore in Civil Regular Appeal No. 240/2017, whereby the Judgment and Decree passed by the Trial Court dismissing the Civil suit No 109-A/2016 (Earlier No 114-A/1986) filed by the Respondent No.1 Shri Gandhi Nagar Grih Nirman Sahakari Sanstha (for short hereinafter will be referred as ‘Society’) was reversed and suit filed by the Society was Decreed.

3. Facts in brief as having emerged from pleadings of the parties are that the Plaintiff/Respondent Society is a Co-operative housing society registered under the Madhya Pradesh Co-operative societies Act, 1960, filed Civil suit No 114-A/1986 on 26-08-1986 for the relief of declaration of their title, possession, mesne profits and permanent injunction in respect of suit land against the present appellants and respondent No.4. As per the plaint, the plaintiff society was given 441.61 acres of land on a special patta Exb.P-2 dated 25-04-1949 by the erstwhile Madhya Bharat Government and possession of the land in question was also handed over to the society on 01-05-1949 vide possession delivery receipt Exb. P-3.

4. Further allegations are that the present appellant State on 23-02-1984 served a notice on the Society directing the society and its members to stop the construction activities and also not to develop colony. Further allegations are that the State of Madhya Pradesh has also encroached upon certain lands of the society and has also granted lease of some part of the land to defendant no.4 i.e. present respondent no.2 in the appeal by the State of M.P. which Constrained the Society to file the Suit.

5. The present appellants filed their Written Statement and admitted the execution of Special Patta in favour of the Plaintiff society but averred that except 25 Acres of land, rest of the land was taken back by the Government by certain orders passed from time to time. All other allegations of the plaint were also denied by the present appellant State.

6. After recording evidence and hearing the parties, the suit filed by the respondent society was decreed in first round of litigation vide Judgment and Decree dated 25-02-1992 against which present appellants preferred First Appeal No. 6/1992 and which was also dismissed by the Vth Additional District Judge Indore vide Judgment and Decree dated 12-04-1996. Being aggrieved with the aforesaid Judgment and Decree, the appellants filed a Second Appeal No. 507/1998 before the High Court. During pendency of the said Second Appeal, appellants filed an application under order 41 Rule 27 of the Code of Civil Procedure,1908 (For brevity herein after will be referred as ‘CPC’) for taking certain documents on record.

7. Vide Judgment and Decree dated 23-09-2010 said application along with the second appeal was allowed and the matter was remanded back to the Trial Court to decide all the issues afresh after taking those documents on record. This court while allowing the appeal had also directed the Plaintiff society to comply with certain directions.

8. After remand of the case both the parties to the suit amended t