IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA th ON THE 19 OF FEBRUARY, 2024 FIRST APPEAL No. 444 of 1998 BETWEEN:-

1. BALA PRASAD (DEAD) THROUGH LRS. SMT.

ASHOK RANI SAMAIYA W/O LATE BALA PRASAD SAMAIYA, AGED ABOUT 80 YEARS, R/O BIHARJI WARD KHURAI TEHSIL KHURAI DISTRICT SAGAR (MADHYA PRADESH)

2. SANJAY SAMAIYA S/O BALA PRASAD SAMAIYA, AGED ABOUT 55 YEARS, R/O BIHARIJI WARD KHURAI TEHSIL KHURAI DISTRICT SAGAR (MADHYA PRADESH)

3. SMT. SANDHYA JAIN W/O PRAVEEN JAIN D/O LATE BALA PRASAD SAMAIYA, AGED ABOUT 50 YEARS, R/O KHARI PHATAK ROAD VIDISHA (MADHYA PRADESH)

4. SMT. SAVITA SAMAIYA W/O KULDEEP SAMAIYA D/O LAET BALA PRASAD SAMAIYA, AGED ABOUT 50 YEARS, RESIDENT OF HOLI CHOWK SILWANI DISTRICT (MADHYA PRADESH)

5. SMT. SARITA JAIN W/O LATE CHETAN JAIN, AGED ABOUT 48 YEARS, RESIDENT OF CHOWK BAZAR BANDA (UTTAR PRADESH)

6. SMT. SUVIDHA SAMAIYA W/O RAJU SAMARIYA D/O LATE BALA PRASAD SAMAIYA, AGED ABOUT 45 YEARS, RESIDENT OF RAJ MEDICAL STORE SHAHI ROAD LALITPUR (UTTAR PRADESH)

7. PREMCHAND (DEAD) THROUGH LRS. MUKESH KUMAR S/O PREM CHAND SAMAIYA R/O NUTAN TRADERS TAMRAKAR GAL TALAIYA MOHALLA DISTRICT VIDISHA (MADHYA PRADESH)

8. NEELESH SAMAIYA S/O PREMCHAND SAMAIYA R/O NUTAN TRADERS TAMRAKAR GALI TALAIYA MOHALLA DISTRICT (MADHYA PRADESH)

Signature Not Verified Signed by: REENA .....APPELLANT (BY SHRI K.S. JHA - ADVOCATE)

AND

1. SHRI DEO ADINATHJI DIGAMBER PHOOLCHAND SETHI (DEAD) THROUGH LRS. VIJAY KUMAR GULHA S/O SHRI BHAIYA LAL GULHA, AGED ABOUT 55 YEARS, R/O BIHARIJI WARD KHURAI TEHSIL KHURAI DISTRICT SAGAR (MADHYA PRADESH)

2. PHOOLCHAND SETHI (DEAD) THROUGH LRS.

VIJAY KUMAR GULHA S/O SHRI BHAIYA LAL GULHA, AGED ABOUT 55 YEARS, R/O BIHARIJI WARD KHURAI TEHSIL KHURAI DISTRICT SAGAR (MADHYA PRADESH)

3. DEVCHAND S/O HAZARILAL JAIN, AGED ABOUT

65 YEARS, OCCUPATION: BUSINESS RESIDENT OF NEAR STATION KHURAI (MADHYA PRADESH)

4. ARUNKUMAR S/O TARACHAND BAJAJ, AGED ABOUT 35 YEARS, OCCUPATION: BUSINESSMAN RESIDENT OF NANAK WARD KHURAI (MADHYA PRADESH)

5. PYARELAL (DEAD) THROUGH LRS. ASHOK KUMAR JAIN (DEAD) THROUGH LRS. VIJAY KUMAR GURHA S/O LATE BHAIYALAL GURHA, AGED ABOUT 60 YEARS, R/O SHRI BIHARI JI WARD KHURAI DISTRICT SAGAR (MADHYA PRADESH)

6. ASHOK KUMAR JAIN S/O LATE AMRITLAL JAIN, AGED ABOUT 60 YEARS, R/O NEHRU WARD NEAR HEMANT TALKIES KHURAI DISTRICT SAGAR (MADHYA PRADESH)

7. PAVAN KUMAR S/O GULABCHAND JAIN, AGED ABOUT 35 YEARS, RESIDENTS OF MAHAVIR WARD KHURAI DISTRICT SAGAR (MADHYA PRADESH)

8. SUNIL KUMAR S/O GULABCHAND JAIN, AGED ABOUT 35 YEARS, RESIDENTS OF MAHAVIR WARD KHURAI DISTRICT SAGAR (MADHYA PRADESH)

9. DHARMENDRA KUMAR S/O GULABCHAND JAIN, Signature Not Verified Signed by: REENA AGED ABOUT 25 YEARS, RESIDENTS OF MAHAVIR WARD KHURAI DISTRICT SAGAR (MADHYA PRADESH)

10. REGISTRAR PUBLIC TRUST THROUGH SUB DIVISIONAL OFFICER KHURAI DISTRICT SAGAR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ATUL ANAND AWASTHY - SENIOR ADVOCATE WITH SHRI ABHAY TIWARI - ADVOCATE)

This appeal having been heard and reserved, coming on for judgment this day, the court passed the following:

J U D G M E N T

This first appeal has been preferred by plaintiffs/appellants challenging the judgment and decree dated 06.08.1998 delivered by Additional District Judge, Khurai District Sagar in Civil Suit No.08-A/1993. Under the said judgment and decree the civil suit filed by the plaintiffs/appellants for the relief of declaration and injunction was dismissed and the counter claim filed by defendants/respondents no.2 to 5 for seeking the relief of eviction, arrears of rent and mesne profit was decreed.

2 . The appellants shall be referred hereinafter as plaintiffs and respondents shall be referred hereinafter as defendants no.1 to 6 for the sake of convenience and avoid confusion.

3 . Admittedly, plaintiffs are in possession of suit property as tenant of defendant no.1/Trust which sold this part of property through registered sale-

deed dated 26.03.1993 to defendants no.2-5.

4. The facts stated in plaint may be summarized as the property original