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2019 Supreme(SC) 1128

NAVIN SINHA, INDIRA BANERJEE
Brijesh Kumar – Appellant
Versus
Shardabai (Dead) by LRs. – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Manoj Prasad,Sr.Adv. Mr. Basava Prabhu S.Patil,Adv. Mr. Prakash Kumar Singh, AOR Ms. Purnima Jauhari,Adv. Mr. Vinod Mehta,Adv. Mr. Ashutosh Dubey,Adv. Mr. Neeraj Kumar Jain,Sr.Adv. Mr. T. N. Singh, AOR Mr. Siddharth Jain,Adv. Mr. Vikas K.Singh,Adv.
For the Respondent(s): Mr. Puneet Jain,Adv. Ms. Christi Jain,Adv. Mr. Harshit Khanduja,Adv. Mr. Harsh Jain,Adv. Mr. Abhinav Deshwal,Adv. For Ms. Pratibha Jain, AOR Mr. Rahul Kaushik, AOR Mr. Arjun Garg, AOR

JUDGMENT :

NAVIN SINHA, J.

1. The appellants are aggrieved by the order allowing the plaintiff’s second appeal. The High Court reversed the order of the First Appellate Court and restored the order of the Trial Court decreeing the plaintiff’s suit for adverse possession.

2. The suit lands comprise of 4 out of 6 Biswas of land situated in Survey No. 493 of Patwari Halka No. 76 at Village-Purani Chhabani, Guna. The Original land owners were Mool Chand and Kashi Ram. The suit lands were sold to defendant no. 9 Urmila Devi by registered sale deed dated 11.10.1972. By two separate registered sale deeds dated 22.08.1989 she sold an area of 3414.4 square feet each to the appellants in both the appeals. Possession was handed over and constructions raised by them. The plaintiff Matadin then filed Suit No. 45-A/1995 on 28.08.1990 claiming adverse possession over the suit lands relying on Khasra entries for 1960-1961. The plaintiff also sought a declaration of nullity against the sale deeds executed by the original land owners and subsequent thereto. The sole plaintiff Matadin expired on 26.05.1994. An amendment application was subsequently filed by his legal heirs on 21.04.1995 contending that

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