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2024 Supreme(Online)(MP) 35319

HIGH COURT OF MADHYA PRADESH
Chhote Singh – Appellant
Versus
Shibbu – Respondent


Advocates:
Umesh Trivedi,Advocate General

JUDGEMENT

This Second Appeal is preferred feeling aggrieved by the judgment dated 16-11-2015 in Civil Appeal No. 33-A/2015 by the First Additional District Judge, Sagar at Camp Deori District Sagar arising out of judgment and decree dated 21-10-2011 in Civil Suit No. 4-A/2008 by the Civil Judge, Class-II, Deori District Sagar.

2. The facts in brief are that the plaintiffs/respondent Nos.1 to 3 filed suit regarding agricultural land comprising Survey No. 92/1 area 1.11 hectare, Suvey No. 76/1 of area 1.260 hectare situated at village Todri patwari halka No. 55/30 Settlement No. 204 District Sagar for declaration of title and cancellation of sale deed dated 08-12-2005 in favour of the appellant/defendant No. 6 and permanent injunction on the ground that the plaintiffs/respondent Nos. 1 to 3 and defendant Nos. 1 to 5/ respondent Nos. 4 to 8 were the members of joint family and they have joint family property. There was partition between the family members of the joint family and they were occupying separate lands. It is said that the father of respondent No. 4 to 6 Khuman has sold the agricultural lands of his share much earlier and the successors of Khuman have also sold their land



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