SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(MP) 496

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR 
G. S. AHLUWALIA, J. 
Smt. Devki Kushwah – Appellant
Versus
Mahendra Singh And Others – Respondent
Civil Revision No. 118 of 2016 
Decided On : 16-10-2025

Advocates Appeared:
For the Appellant :Shri Gaurav Mishra, Advocate
For the Respondent:Shri K.N. Gupta, Senior Advocate with Ms. Suhani Dhariwal, Adv.

Headnote:

(1) Specific Relief Act, 1963 -- S. 6 -- requirement -- it is not necessary for plaintiff to prove that he or she is owner of property in dispute -- only thing required to be proved is that person concerned was dispossessed illegally within a period of six months -- therefore, factum of possession is of paramount consideration. [Para 17]

(2) Specific Relief Act, 1963 -- S. 6 -- maintainability of suit -- suit filed u/s. 6 for relief of mandatory permanent injunction against illegal dispossession from property in dispute -- clear recital in sale deed dated 11.3.2005 that plaintiff was placed in possession -- case of plaintiff is that she was dispossessed by defendants on 14.3.2005 -- treating prayer of suit as mofussil pleading, it has to be interpreted that plaintiff wanted restoration of possession -- trial Court stuck to literal meaning of pleadings in spite of fact that High Court in Civil Revision No. 2/2011 had specifically held that plaintiff was dispossessed within a period of six months from date of institution of suit -- judgment and decree set aside -- suit filed by applicant u/s. 6 of Specific Relief Act allowed -- defendants directed to immediately hand over vacant possession of property. Civil Appeal No. 5319 of 2025 decided on 22.4.2025 followed. (2004) 4 SCC 664 and (2013) 9 SCC 221 referred to. [Paras 17 & 21 to 23]

(3) Words and Phrases -- mofussil pleadings -- “mofussil” means provincial or rural districts of India -- mofussil pleadings means legal documents filed in rural or less urban Courts which should be interpreted liberally as a whole, focusing on the substance of claims rather than strict adherence to legal technicalities -- mofussil Courts overlook minor technical deficiencies to ensure that substantial justice is served, and are more flexible with amendments. [Para 21]

¼1½ fofufnZ"V vuqrks"k vf/kfu;e] 1963 & /kkjk 6 & vis{kk & okfnuh ds fy, ;g lkfcr djuk vko';d ugha fd og fooknxzLr laifÙk dk@dh Lokeh gS ek= ;g lkfcr fd;k tkuk vko';d gS fd lac) O;fä dks Ng ekl dh vofèk ds Hkhrj voS/k :i ls csdCtk fd;k x;k Fkk & vr% dCts dk rF; lokZf/kd fopkj.kh; gSA ¼iSjk 17½
¼2½ fofufnZ"V vuqrks"k vf/kfu;e] 1963 & /kkjk 6 & okn pyus ;ksX; gksuk & fooknxzLr laifÙk ls voS/k :i ls csdCtk fd, tkus ds fo:) vkKkid LFkk;h O;kns'k ds vuqrks"k ds fy, /kkjk 6 ds v/khu okn çLrqr fd;k x;k & foØ; foys[k fnukad 11-3-2005 esa Li"V ifjo.kZu fd okfnuh dks dCtk fn;k x;k & okfnuh dk i{kdFku gS fd 14-3-2005 dks çfroknhx.k }kjk mls csdCtk dj fn;k x;k & okn dh çkFkZuk dks eqQLly vfHkopu ekurs gq, ;g fuoZpu fd;k gh tkuk gksxk fd okfnuh dks dCts dk çR;korZu pkfg, Fkk & bl rF; ds ckotwn fd mPp U;k;ky; us flfoy iqujh{k.k Øekad 2@2011 esa fofufnZ"Vr% vfHkfu/kkZfjr fd;k Fkk fd okfnuh dks okn laLFkkiu ds fnukad ls Ng ekl dh vof/k ds Hkhrj csdCtk fd;k x;k Fkk] fopkj.k U;k;ky; vfHkopuksa ds 'kkfCnd vFkZ ij MVk jgk & fu.kZ; rFkk fMØh vikLr & vkosfndk }kjk fofufnZ"V vuqrks"k vf/kfu;e dh /kkjk 6 ds v/khu çLrqr fd;k x;k okn eatwj & laifÙk dk fjä dCtk vfoyac lkSaius dk çfroknhx.k dks funs'kA flfoy vihy Øekad 5319 lu~ 2025 fu.khZr fnukad 22-4-2025 vuqlfjrA ¼2004½ 4 ,llhlh 664 rFkk ¼2013½ 9 ,llhlh 221 fufnZ"VA ¼iSjk 17] 21 ls 23½
¼3½ 'kCn rFkk okD;ka'k & eqQLly vfHkopu ^^eqQLly** dk vFkZ gS] Hkkjr ds çkarh; ;k xzkeh.k ftys & eqQLly vfHkopuksa dk vFkZ gS] xzkeh.k ;k de 'kgjh U;k;ky;ksa esa çLrqr fd, x, fof/kd nLrkost ftudk fuoZpu] fof/kd rduhdh ckrksa ds dM+s ikyu ds ctk; nkoksa ds lkj ij /;ku dsafær djrs gq,] lexz:is.k mnkjrk ls fd;k tkuk pkfg, & eqQLly U;k;ky; ;g lqfuf'pr djus ds fy, fd lkjoku~ U;k; gks] xkS.k rduhdh dfe;ksa dks vuns[kk djrs gSa rFkk la'kks/kuksa ds ckjs esa vf/kd yphys gksrs gSaA ¼iSjk 21½

ORDER :

G. S. AHLUWALIA, J.

1. This civil revision, under Section 115 of CPC, has been filed against the judgment and decree dated 27/8/2016 passed by III Civil Judge, Class-II, Gwalior in Civil Suit No. 14-A/2010, by which the suit filed by plaintiff under Section 6 of the Specific Relief Act has been dismissed.

2. The facts necessary for disposal of the present civil revision, in short, are that the plaintiff/applicant filed a suit under Section 6 of the Specific Relief Act for multiple reliefs, including the recovery of possession and mesne profits. It was the case of the plaintiff that defendant No. 1 was the owner and in possession of a house situated in Karwari Mohalla, Hem Singh Ki Parade, Lashkar, Gwalior, having building No. 35/102 (old). On 4/3/2005, a registered sale deed was executed by defendant No. 1 in favour of the plaintiff, and in order to avoid any controversy, the signatures of defendants No. 2 to 4 were obtained as consenters. The entire consideration amount was paid, and possession of the disputed property along with rights was transferred to the plaintiff. By amendment, it was pleaded that on 11/3/2005, the documents were presented for execution of sale deed and sale deed was executed on 14/3/2005. It is the case of the plaintiff that after obtaining permission, she was intending to construct a new house and accordingly it was agreed upon between the parties that defendant No. 1, after demolishing the house situated on the land in dispute, would alienate the open plot. The defendant had demanded Rs. 500 towards the demolition cost, and the said amount was also paid and in order to demolish the building, labourers were also hired by the defendant, and it was assured by defendant No. 1 that at the time of registration of the sale deed, the entire construction shall be removed and the property would remain as open land. Accordingly, defendant No. 1 proposed the draft sale deed along with the map, in which the property in dispute was shown as open land. However, after the sale deed, the key of the disputed property was also handed over to the plaintiff. When the plaintiff went to the spot along with the Registrar, then it was found that defendant No. 1 had not removed the debris which were lying on the spot, and accordingly, the Sub-Registrar, after charging an additional stamp duty of Rs. 9,288, executed/registered the sale deed, as a result, the plaintiff was also required to bear additional financial liabilities. If the defendant No. 1 had removed the debris as per his assurance, then the plaintiff was not required to bear the additional stamp duty of Rs. 9,288. The key of the disputed building and possession of the plot were handed over to the plaintiff on 11/3/2005. After taking possession, the plaintiff not only took possession of the building but also put her locks and shifted to the disputed building on 11/3/2005 itself along with her family members for residential purposes. On 14/3/2005 at about 6:00 p.m., defendants No. 1 to 4, along with some anti-social elements, came to the disputed property and by show of weapons insisted that the plaintiff should hand over the vacant possession. When the plaintiff did not vacate the premises and did not hand over the vacant possession of the property, then all the aggressors started assaulting the plaintiff, and the TV, table fans, as well as other household articles including cash of Rs. 5,000, were looted. The locks were broken. The plaintiff tried to lodge an FIR, but under the political pressure of the defendants, the FIR was not lodged and, accordingly, the complaint was sent by registered post and under certificate of posting. Under these circumstances, the plaintiff filed a suit for the following reliefs:

3. The defendants filed their written statement and denied the execution of the sale deed. It was alleged that the house which was in ownership and possession of defendant No. 1 was never sold to the plaintiff. The boundaries had been wrongly mentioned. No

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top