IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI ON THE

19th OF FEBRUARY, 2024 SECOND APPEAL No. 3053 of 2023 BETWEEN:-

1. SHOBHRAM S/O LATE DADURAM AHEER (DEAD) THROUGH HIS LRS

1(a) SMT. RAMKALI BAI W/O LATE SHOBHRAM, AGED ABOUT 65 YEARS, OCCUPATION: HOUSEWIFE R/O DHARIYA TEHSIL AND DISTIRCT NARSINGHPUR (MADHYA PRADESH)

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

1(c) SMT GYARSO BAI W/O SUMMA YADAV, AGED ABOUT 45 YEARS, OCCUPATION: HOUSE WIFE R/O DHAWAI TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(d) SMT OMVATI BAI W/O BABBU YADAV, AGED ABOUT 42 YEARS, OCCUPATION: HOUSE WIFE R/O BADGARA TEHSIL GOTEGAON AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(e) HORILAL S/O LATE SHOBHARAM, AGED ABOUT 44 YEARS, OCCUPATION: FARMER R/O DHARIYA TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

1(f) SANTOSH S/O LATE SHOBHARAM, AGED ABOUT 35 YEARS, OCCUPATION: FARMER R/O DHARIYA TEHSIL AND Signature Not Verified Signed by: MONIKA DISTRICT NARSINGHPUR (MADHYA PRADESH)

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

AND

1. SMT. BISSO BAI W/O LATE DASHRATH AHEER, AGED ABOUT 50 YEARS, OCCUPATION: HOUSEWIFE R/O GOGAVARI (PIPARIA) POST MUNGWANI TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

2. LAKHAN LAL S/O LATE DASHRATH AHEER, AGED ABOUT 32 YEARS, OCCUPATION: FARMER R/O GOGAVARI (PIPARIA) POST MUNGWANI TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

3. RAJKUMAR S/O LATE DASHRATH AHEER, AGED ABOUT 30 YEARS, OCCUPATION: FARMER R/O GOGAVARI (PIPARIA) POST MUNGWANI TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

4. SANDEEP YADAV S/O MANAKLAL YADAV, AGED ABOUT 32 YEARS, OCCUPATION: FARMER R/O VILLAGE ROUNSRA STATIONGANJ NARSINGHPUR TEHSIL AND DISTRICT NARSINGHPUR (MADHYA PRADESH)

5. THE STATE OF M.P. THROUGH COLLECTOR, DISTRICT NARSINGHPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI B.P. YADAV – ADVOCATE FOR THE CAVEATOR AND SMT. SEEMA SAHU –

PANEL LAWYER FOR THE STATE)

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

Signature Not Verified Signed by: MONIKA

J U D G E M E N T

Heard on the question of admission.

2. This Second appeal under Section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellants (hereinafter referred to as “plaintiffs”) against the respondents (hereinafter referred to as “defendants”) being aggrieved by the impugned judgment and decree dated 30/11/2023 passed by the Ist District Judge, Narsinghpur in Regular Civil Appeal No.11/2021 affirming the Judgment and decree dated 15/9/2021 passed by IInd Additional Judge of First Civil Judge Senior Division, Narsinghpur (MP) in Regular Civil Suit No. 16-A/2014 in respect of suit land situated at village Dhariya Bandobast no. 228, P.H.No.31 situated at Khasra No.39 area 2.87 hectare, 122 area 4.10 hectare, 148 area 3.06 hectare, 149 area 1.10, 150 area 1.37 hectare, 161 area 11.72 hectare and 180 area 7.94 hectare total land area 32.16 acre situated at village Dhariya (hereinafter referred to as “suit land”).

3. It is submitted by the learned counsel of the appellant that the learned trial Court and first Appellate Court has committed graved error of law as well as facts in passing the impugned judgment and decree. Both the courts below have failed to appreciate that the great grand maternal uncle of the appellants were the original owner of the suit land. After his death, the Signature Not Verified Signed by: MONIKA father of the appellant Shobharam has got title over the suit property and after the death of Shobharam, the appellants are the absolute owner of the suit land. The respondents are the encroacher over the suit land, they have no right on the suit land. The Learned Trial Court have not appreciated that the statement of the defendants is clearly narrated that they have no interfere the possession of the suit land, therefore, the both courts have committed grave error of law and they have