JUDGEMENT

This is a Second Appeal filed by the appellants/ plaintiffs against the following judgments;

[i]

Judgement and decree dated 20.12.1996 passed in Civil Suit No.313-A/1994 by 3rd Civil Judge, Ujjain whereby suit has been partly decreed with certain directions.

[ii]

Judgement and decree dated 30.07.2001 passed by Additional District Judge, Ujjain in Civil Appeal No.40-A/2000 whereby the First Appeal has been dismissed.

[2]

The plaintiffs filed the suit for declaration and permanent injunction in respect of land survey No.332/1, area 5.466 (new survey No. 136 area of 5.42 hectares), survey No.426 area 2.895 ( survey No.139 area 2.50 hectares total area 7.92 hectare) total area 8.361 stiauted at Village Amodiya, Tehsil Ghatiya and SriRam Mandir, Malipura (hereinafter referred to as ‘suit land’). According to the plaintiffs, they have been exclusive owners and occupiers of the suit land since the lifetime of their forefathers and they are cultivating the same. They owned the private temple in the name of Shri Ram Mandir situated in their house in the village of Malipura, Ujjain. This temple was established by the forefathers of the plaintiffs in which the government did not