- (1.)The defendants are aggrieved by the impugned order of the trial court disposing of the prayer made by plaintiffs for grant of ad interim injunction whereby the defendant/appellants have been temporarily restrained from interfering with the use, enjoyment and possession of the suit property by the plaintiff/respondents and also from making its allotment and delivery of possession to anyone else.
(2.)The suit property consists of 47 Bighas 10 Biswas of land with superstructures in the nature of the factory building, go-downs, residential quarters, offices, well etc. and situated at Gospura, Birlanagar locality of city of Gwalior. The plaintiffs have narrated a long history of title alleging that they are in possession of the property and the authorities of the State were taking steps to strike off their names from the land records and were also attempting at their dispossession. It is also alleged that Act No. 15 of 1984, namely, Madhya Pradesh Nagariya Kshetron Ke Bhumiheen Vyakti (Pattadharit Adhikaron Ke Pradan Kiya Jana) Adhiniyam, 1984, though came into force, yet was not applicable to "the suit property and still the defendant No. 4, namely, the Competent Authority under the Act had moved to make allotment of land in favour of others, casting a cloud on the title and rights of the plaintiffs and also causing apprehension of disturbance of possession to them. The plaintiffs seek a declaration of their title with an injunction restraining the defendants from interfering with their possession and making allotment of the land to others. An ad interim injunction in similar terms has also been prayed for.
(3.)The defendants in their written statement, as also in reply to the application for grant of temporary injunction, have denied the case of the plaintiffs with vehemence and taken up the plea that plaintiffs do not have any title in the suit property nor any right to possess the same and hence are liable to be evicted therefrom.