1 S.A.No.304/2023

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 4^th OF MAY, 2023

SECOND APPEAL No. 304 of 2023

BETWEEN:-

PARIS GRIH NIRMAN SAHKARI SANSTHA

MARYADIT

BHOPAL

(A

SOCIETY

REGISTERED UNDER M.P.CO-OPERATIVE

SOCIETIES ACT) REGD.NO.DRB 507/86,

THROUGH ARADHNA MORIYA D/O SHRI

V.P. MORIYA AGED 40 YEARS HAVING IS

OFFICE

AT

BLOCK

B-

7/B,

LALITA

NAGAR, VILLAGE NAYAPURA, KOLAR

ROAD, BHOPAL (MADHYA PRADESH)

.....APPELLANT

(BY SHRI Y.VIDYARTHI - ADVOCATE)

AND

1.

SHRI RAKESH KUMAR JAIN S/O

LATE

SHRI

MOOLCHAND

JAIN

AGED ADULT, R/O INSIDE FORT,

VIDISHA (MADHYA PRADESH)

2.

SMT. RINKI JAIN W/O SHRI ASHISH

JAIN, AGED ADULT, R/O SILWANI

DISTRICT

RAISEN

(MADHYA

PRADESH)

3.

STATE

OF

MADHYA

PRADESH

THROUGH

COLLECTOR

BHOPAL

(MADHYA PRADESH)

4.

SHRI

NANNULAL

S/O

SHRI

KALURAM,

AGED

ADULT,

R/O

BAIRAGARH

CHICHLI,

TEHSIL

2 S.A.No.304/2023

HUJUR,

DISTRICT

BHOPAL

(MADHYA PRADESH)

.....RESPONDENTS

(MS.SHANTI TIWARI – PANEL LAWYER FOR THE RESPONDENT/STATE)

………………………………………………………………………………………

This appeal coming on for admission this day, the court passed

the following:

JUDGMENT

This appeal under section 100 of CPC has been filed against

the judgment and decree dated 02.11.2022 passed by Seventh

District Judge, Bhopal in Regular Civil Appeal No.9200177/2017,

arising out of judgment and decree dated 14.07.2017 passed by

Fifteenth Civil Judge, Class-I, District Bhopal in Civil Suit No.567-

A/2008.

2.

The appellant, who is the plaintiff, has lost its case from both

the Courts below.

3.

The facts necessary for disposal of the present appeal in short,

are that the appellant filed a suit for declaration of title and

permanent injunction on the ground that the appellant is a society

registered under the Cooperative Societies Act. A verbal agreement

was entered into by the plaintiff/society to purchase the property in

dispute from its ex-owner Nannulal for a consideration amount of

Rs.2,50,000/-. The consideration amount was paid in different

instalments on different places and accordingly the ex-owner

Nannulal executed a Power of Attorney in favour of Pratibha Singh

on 06.11.1996 and gave the authority to execute the sale deed in

respect of the land in dispute. On 20.03.2000, the ex-owner

Nannulal was called in the office of society and the ex-owner

3 S.A.No.304/2023

Nannulal permitted the Power of Attorney holder to execute the sale

deed. The original Bhu Adhikar Rin Pustika was handed over by the

ex-owner Nannulal and expressed his inability to attend the office of

the Sub-Registrar and gave a written letter in this respect, which

contains the thumb impression of the ex-owner Nannulal. The

society had entered into an agreement to purchase Khasra

No.175/1/2 situated in Tahsil Huzur, District Bhopal, area 1.25 acres,

out of total area of 5 acres. The boundaries of the property were that

on eastern side the land of Rahim Khan/Habib Khan etc. was

situated; whereas on the western side, the land of the plaintiff was

situated, on the northern side, the land of Mr.Jain was situated and

on the southern side, the land of seller was situated. The land was

sold to the plaintiff by a registered sale deed dated 23.03.2000,

which was executed by holder of Power of Attorney. On the basis of

the said registered sale deed, the plaintiff moved an application for

mutation, which is still pending and the ex-owner Nannulal has not

appeared despite service of notice. Thereafter the plaintiff came to

know that the intentions of Nannulal have become dishonest and he

is trying to alienate it to som