IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 19 OF FEBRUARY, 2024 SECOND APPEAL No. 3072 of 2023 BETWEEN:-

1. SHOBHARAM S/O LATE DADURAM AHEER (DEAD) THROUGH LEGAL REPRESENTATIVES:-

1. (a) SMT. RAMKALI BAI W/O LATE SHOBHARAM, AGED ABOUT 65 YEARS, OCCUPATION: HOUSE WIFE R/O DHARIYA TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(b). SMT BHOORIBAI @ SHYAMVATI BAI W/O GOKAL PRASAD, AGED ABOUT 35 YEARS, OCCUPATION: HOUSEWIFE R/O KOSAMGHAT TEHSIL LAKHNADOUN DISTRICT SEONI (MADHYA PRADESH)

1(c). SMT GYARSO BAI S/O SUMMA YADAV, AGED ABOUT 45 YEARS, OCCUPATION: HOUSEWIFE RESIDENT OF DHAWAI TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(d). SMT OMVATI BAI W/O BABBU YADAV, AGED ABOUT 42 YEARS, OCCUPATION: HOUSEWIFE RESIDENT OF BADGARA TEHSIL GOTEGAON AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(e). HORILAL S/O LATE SHOBHARAM, AGED ABOUT

44 YEARS, OCCUPATION: FARMER RESIDENT OF DHARIYA TEHSIL AND DISTRICT (MADHYA PRADESH)

1(f). SANTOSH S/O LATE SHOBHARAM, AGED ABOUT

35 YEARS, OCCUPATION: FARMER RESIDENT OF DHARIYA TEHSIL AND DISTRICT (MADHYA PRADESH)

.....APPELLANTS (BY SHRI A.K. NEMA - ADVOCATE)

Signature Not Verified Signed by: AKANKSHA AND

1. KALYAN AHEER S/O LATE FADDE AHEER(DEAD)

THROUGH HIS LEGAL REPRESENTATIVES :-

1.(a) SMT. MUNNI BAI W/O LATE KALYAN SINGH OCCUPATION: HOUSEWIFE R/O BOUCHHHAR TEHSIL GOTEGAON AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(b). SMT LEELA BAI W/O RAGHUBEER PRASAD AHEER OCCUPATION: HOUSEWIFE RESIDENT OF BOUCHHAR TEHSIL GOTEGAON AND DISTRICT (MADHYA PRADESH)

1(c). SMT GOLAN BAI W/O RAMKISHAN YADAV OCCUPATION: HOUSEWIFE RESIDENT OF VILLAGE JHAGARHAI TEHSIL AND DISTRICT (MADHYA PRADESH)

1(d). SMT KESHAR BAI W/O ROHINI YADAV OCCUPATION: HOUSEWIFE RESIDENT OF VILLAGE BERIYA TEHSIL LAKHNADAUN DISTRICT (MADHYA PRADESH)

1(e). ASHOK KUMAR S/O LATE KALYAN SINGH OCCUPATION: FARMER RESIDENT OF BOUCHHAR TEHSIL GOTEGAON AND DISTRICT (MADHYA PRADESH)

1(f). HAMEER S/O LATE KALYAN SINGH OCCUPATION:

FARMER RESIDENT OF BOUCHHAR TEHSIL GOTEGAON AND DISTRICT (MADHYA PRADESH)

2. SHARAD GUPTA S/O SHYAM GUPTA (DEAD)

THROUGH LEGAL REPRESENTATIVES:-

2.(a) SMT. REKHA BAI W/O LATE SHARAD GUPTA, AGED ABOUT 32 YEARS, OCCUPATION: HOUSEWIFE RESIDENT OF GAYADUTT WARD STATIONGANJ RONSARA NARSINGHPUR DISTRICT (MADHYA PRADESH)

3. DHIRENDRA GUPTA S/O LATE SHYAM GUPTA, AGED ABOUT 29 YEARS, OCCUPATION: FARMER RESIDENT OF GAYADUTT WARD STATIONGANJ RONSARA NARSINGHPUR DISTRICT (MADHYA PRADESH)

4. THE STATE OF M.P. THROUGH COLLECTOR NARSINGHPUR DISTRICT NARSINGHPUR Signature Not Verified Signed by: AKANKSHA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI B.P. YADAV - ADVOCATE FOR THE RESPONDENTS AND SHRI MANOJ JHA - PANEL LAWYER FOR THE RESPONDENT/STATE )

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

ORDER

This Second appeal under Section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant (hereinafter referred to as “plaintiffs”) against the respondents (hereinafter referred to as “defendants”) against the impugned judgment and decree dated 30.11.2023 passed by the Ist District Judge, Narsingpur, District Narsingpur in RCA No. 12/2021 arising out of the Judgment and decree dated 15.09.2021 passed by II Additional Judge of Ist Civil Judge, Senior Division, Narsingpur in RCSA No.15-A/2014 in respect of suit land bearing part of khasra No. 39 area 2.87, 122 area 4.10, 148 area 3.60, 149 area 1.10, 150 area 1.37, 161 area 11.72, 180 area 7.94, totol area

32.16 acre situated at Gram Dhariya.

2. It is submitted by the learned counsel of appellants/plaintiffs that the Learned Trial Court and first Appellate Court committed grave error of law and facts in passing the impugned Judgments and decree. Both the courts below have failed to appreciate that the great grand maternal uncle of the appellants are the original owner of the suit land. After his death the father of the appellants Shobharam was got title over the suit property and after the death of Shobharam the a