Decided on May 14,1955

Municipality Indore Appellant
Gopalpuri Respondents


Samvatsar, J. - (1.) THIS appeal is filed by the Commissioner Municipality Indore against the decree passed by the Additional District Judge Indore.
(2.) THE facts of the case are that one Gopalpuri purchased in Court -auction in the year 1926 some property in the Harsidhi Mohalla at Indore. The property consisted of a bungalow, a house, and certain open land. Sale -certificate was issued in favour of Gopalpuri by the Court on 14 -10 -1926 and is produced in this case as Ex. P/1. According to the description of the property given in the sale certificate there is to the cast of the bungalow an open land measuring north -south 60 feet, and east -west 58 feet. The dispute in the present suit is confined to a strip of land measuring 5 feet east -west. In the year 1948 Gopalpuri applied to the Municipality for permission to erect a wire fencing on this open land. The permission as prayed for was refused on the ground that the land in dispute namely 5' east -west and 112' -6' north -south belonged to the Municipality and was recorded in the Khasra as waste land. The Plaintiff was, however, allowed to erect the fencing on the rest of the land.
(3.) GOPALPURI was not satisfied with this order. He challenged the correctness of the 'Khasra' entries and produced his evidence before the Municipal Commissioner to satisfy him that the land in dispute was really his private property. The Municipal Commissioner was not satisfied that Gopalpuri had been in possession for more than 25 years and refused to change his previous order. According to the Commissioner possession or 20 or 25 years was not sufficient to prove the Plaintiff's title to the land in dispute. On 16 -4 -1949 the Municipal Commissioner gave a 'Dakhla.' to the Plaintiff Ex. P/7 and directed him to establish his claim in a competent Civil Court. Plaintiff Gopalpuri therefore brought the present suit on 26 -2 -1949 for declaration of his title to the disputed land and for its possession in the alternative against the Commissioner, Indore Municipality.;

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