IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL st ON THE 31 OF MAY, 2024 MISC. APPEAL No. 1322 of 2023 BETWEEN:-

MUNIR RAZA S/O LATE SHAKIL RAZA, AGED ABOUT 47 YEARS, JUNIOR HIG 1 SARASWATI NAGAR BHOPAL (MADHYA PRADESH)

.....APPELLANT (BY SHRI IMTIAZ HUSSAIN - SENIOR ADVOCATE WITH SHRI RAVI KANT PATEL - ADVOCATE )

AND

1. SMT. ANJALI SINGH W/O SHRI DHANANJAY VIJAY SINGH, AGED ABOUT 44 YEARS, HOUSE NO. 58 AMRAPALI ENCLAVE CHUNA BHATTI BHOPAL (MADHYA PRADESH)

2. SYED SHAKIL RAZA(DEAD) THROUGH LRS SHAMIM ZAHRA W/O LATE SHAKIL RAZA, AGED ABOUT 70 YEARS, R/O HIG, SARASWATI NAGAR, BHOPAL (MADHYA PRADESH)

3. SMT. NOORJAHAN KHAN W/O W/O SHRI MUJEEBURRAHMAAN KHAN D/O LATE SHAKIL RAZA, AGED ABOUT 50 YEARS, R/O A-23, KOHEFIZA, BHOPAL (MADHYA PRADESH)

4. SMT. MUMTAZ AHMED W/O W/O SHRI AJNAAN AHMED D/O LATE SHAKIL RAZA, AGED ABOUT 48 YEARS, R/O HOUSE NO D-173, KAKA NAGAR, NEAR GEOLOGICAL GARDEN, NEW DELHI (DELHI)

5. BILQUIS NAQVI W/O W/O SHRI ALISHAN NAQVI D/O LATE SHAKIL RAZA, AGED ABOUT 42 YEARS, R/O FLAT NO 1202, TOWER 12, VELLY VIEW ESTATE, GUDGAON, FARIDABAD ROAD, GWAL PAHADI, HARIYANA (HARYANA)

6. SMT. ZEENAT RAZA W/O W/O SHRI MAHZAR Signature Not Verified Signed by: ANUPRIYA HUSAIN D/O LATE SHAKIL RAZA, AGED ABOUT 41 YEARS, R/O FLAT NO 507, DESIRE RESIDENCY APARTMENT ,DPS NEAR INDRAPURAM AHINSA BLOCK 2, INDRAPURAM, GAZIABAD (UTTAR PRADESH)

7. SYED QAISAR RAZA ZAIDI(DEAD) THROUGH LEGAL REPRESENTATIVES SMT. SHAHANA ZAIDI W/O LATE QAISAR RAZA ZAIDI, AGED ABOUT 49 YEARS, R/O HIG-82, PREMPURA, BHADBHADA, BHOPAL (MADHYA PRADESH)

8. SMT. KASHISH BATUL ZAIDI W/O SHRI ABBAS, AGED ABOUT 24 YEARS, R/O HIG-82, PREMPURA, BHADBHADA, BHOPAL (MADHYA PRADESH)

9. MARIYAM ZAIDI D/O LATE QAISAR RAZA ZAIDI, AGED ABOUT 20 YEARS, R/O HIG-82, PREMPURA, BHADBHADA, BHOPAL (MADHYA PRADESH)

10. ANWAR RAZA ZAIDI S/O SHRI JAFAR RAZA ZAIDI, AGED ABOUT 49 YEARS, R/O HIG-82, PREMPURA, BHADBHADA ROAD, BHOPAL (MADHYA PRADESH)

11. SHAMIM RAZA ZAIDI S/O SHRI JAFAR RAZA ZAIDI, AGED ABOUT 47 YEARS, R/O HIG-82, PREMPURA, BHADBHADA ROAD, BHOPAL (MADHYA PRADESH)

12. SYED RIAZ RAZA ZAIDI S/O SHRI JAFAR RAZA ZAIDI, AGED ABOUT 40 YEARS, R/O HIG-82, PREMPURA, BHADBHADA ROAD, BHOPAL (MADHYA PRADESH)

13. THE STATE OF MADHYA PRADESH, THROUGH COLLECTOR, BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS THOUGH SERVED )

Reserved on : 18.03.2024 Pronounced on: 31.05.2024 This appeal having been heard and reserved for orders, coming on for pronouncement this day, the court passed the following:

Signature Not Verified Signed by: ANUPRIYA

ORDER

The facts necessary for disposal of the present appeal in brief are that the Plaintiff filed a suit for declaration of title, recovery of possession and Mesne profits against the Defendant/ Respondent No. 1.

2. The suit lands Khasra No. 52 area 1.22 acres and Khasra No. 53 area

0.34 acre situated at Village Chuna Bhatti, Tahsil Huzur, Dist. Bhopal belonged to Syed Gazanfar Husain, the grandfather of the Appellant/Plaintiff, who purchased the same vide registered sale-deed dated 26.9.1981. Syed Gazanfer Husain had vide registered Gift Deed dated 11.5.1984 gifted 0.31 acre land each from out of Khasra No. 52 area 1.22 acres to Defendant Kaisar Raza, Defendant Anwar Raza and Nawab Khan. He gifted 0.32 acre of land from Khasra No. 53 area 0.34 acre to Defendant Syed Riaz Raza on 11.5.1984 and the remaining 0.02 acre from out of Khasra No. 53 and 0.29 acre from out of Khasra No. 52 area 1.22 acres total 0.31 acre to the Defendant Shamim Zaidi on 11.5.1984 The Defendants Nos. 3 to 6 appointed the Plaintiff their power of attorney holder in the year 1996 regarding the lands received by them through Hiba (as stated above). Later on the occasion of Eid in the year 2001 all of them orally gifted their respective lands in favour the Plaintiff who accepted the Hiba and was put into possession thereof and they also got executed Memorandums of that oral Hiba in favour of the Plaintiff on 26.2.2004 whic