- (1.)This appeal is directed against the judgment and decree dated 15th April, 1998 passed by the High Court of Madhya Pradesh, Jabalpur, Bench at Gwalior in Civil First Appeal No.1 of 1995. By the impugned judgment and decree the High Court allowed the appeal, preferred by plaintiffs-respondents, set aside the judgment and decree passed by the Trial Court and decreed the suit of plaintiffs-respondents.
(2.)The factual matrix of the case is as follows:
The respondents were plaintiffs and the appellant- Municipal Corporation, Gwalior was a defendant in the original suit. The Original Civil Suit No.44-A/1985 was filed by plaintiff-respondents against the defendant- the Municipal Corporation, Gwalior seeking declaration that land bearing Original Survey No.486/19 (old) (New Survey No.619) measuring 1 Bigha is owned and possessed by them. They also sought for permanent injunction against the defendant on the ground that Municipal authorities tried to interfere with their possession by dismantling the fencing standing on their land.

(3.)The case of the plaintiffs was that their ancestors were the owners of the suit land. One Ram Nath was the original tenure-holder (Mool Krishak) and thereafter they became joint Bhumiswami. They claimed to be in possession on the ground that they constructed fencing, Hauda (pond) and Latrine (toilet) on the suit land.