IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA th ON THE 28 OF JULY, 2025 SECOND APPEAL No. 237 of 2015 SUNIL KUMAR AND OTHERS Versus THE STATE OF MADHYA PRADESH THR. AND OTHERS Appearance:

Mr. K.N. Gupta - Senior Advocate, assisted by Mr. Santosh Agrawal -

Advocate for appellants.

Mr. Sanjay Singh Kushwaha - Govt. Advocate for respondents / State.

JUDGMENT This second appeal under Section 100 of CPC has been filed against judgment and decree dated 15.05.2015 passed by I Additional District Judge, Datia in Civil Appeal No. 123A/2012, as well as judgment and decree dated 27.09.2012 passed by First Civil Judge, Class II, Datia in Civil Suit No.

68A/2009 (new number 46A/2010).

2. Appellants are plaintiffs who have lost their case from both the Courts below.

3. The facts necessary for disposal of present appeal, in short, are that plaintiffs/appellants filed a civil suit for declaration of title and permanent injunction pleading inter alia that House No. 721/5 is situated at Station Road near Seetasagar, Datia. Northern part of this house is recorded as Plot No. 31/11 in the Nazul Sheet No. 38B + D, whereas southern part of the house is Signature Not Verified recorded as Plot No. 6 in Nazul Sheet No. 43. In front of the aforementioned house, another house No. 720/5, new number 41, is situated on the Station Road near Seetasagar, Datia. This building is famous by the name of Gaumukh. The suit was filed in respect of both houses. It was the case of plaintiffs that Mahant Mangaldas was the owner and in possession of both the disputed properties. In the house mentioned in paragraph 1 of the plaint, idol of Shri Hanuman Ji is enshrined, whereas in the house mentioned in paragraph 2 of the plaint, idols of Shri Ram Janaki Ji are enshrined. It was claimed that the idols of Shri Hanuman Ji and Thakur Shri Ram Janaki Ji were established by Mahant Mangaldas out of his personal income. The idols enshrined in both buildings were the family idols of Mahant Mangaldas. It was pleaded that except Mahant Mangaldas, nobody else had any right to offer prayer, and had no right to enter in the building. Thus, it was claimed that both buildings were in the ownership and possession of Mahant Mangaldas who had a right of solitary possession. Both houses were constructed by earlier gurus and Mahant Mangaldas for their personal residence. It was pleaded that both the houses were the residences of Mahant Mangaldas and his gurus. On 16.04.1977, Mahant Mangaldas executed a Will in favour of Goviddas Gangotia out of his own volition. The Will was got registered. Mahant Mangaldas expired about 25 years ago. After the death of Mahant Mangaldas, Govinddas Gangotia became the owner and in possession of the property in dispute, and accordingly, Govinddas started residing in both the houses. Govinddas Gangotia, in his turn, executed a Will dated 11.06.1996 in favour of both the plaintiffs out of his own volition.

Signature Not Verified Govinddas Gangotia expired on 02.09.2000, and accordingly, plaintiffs have become the owners and in possession of both the houses. It was further pleaded that after the death of Mahant Mangaldas. Govinddas Gangotia was offering the prayer to Shri Hanuman Ji and Shri Ram Janaki Ji, and accordingly, it was claimed that idols of Shri Hanuman Ji and Shri Ram Janaki Ji are the family idols of plaintiffs. In some part of the house mentioned in paragraph 2 of the plaint, one Hari Singh was the tenant of Govinddas Gangotia. A suit was filed by Govinddas Gangotia for eviction of Hari Singh. During the pendency of the suit, Govinddas Gangotia expired, and accordingly, plaintiffs were impleaded as his legal representatives. After death of Hari Singh, his wife and daughters were impleaded as his legal representatives. Civil suit filed by Govinddas Gangotia against original tenant Hari Singh was decided by judgment and decree dated 30.08.2003, which was challenged by appellants by filing Regular Civil Appeal No