IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 13 OF APRIL, 2024 SECOND APPEAL No. 2887 of 2019 BETWEEN:-

BABULAL DEAD THROUGH LRS (1) RADHA RANI, W/O LATE BABULAL, AGED ABOUT 74 YEARS, R/O VILLAGE AND POST BELDHANA TAHSIL DEVRI, DISTRICT-SAGAR (2) HARISHANKAR, S/O LATE BABULAL, AGED ABOUT 48 YEARS, R/O VILLAGE AND POST BELDHANA, TAHSIL DEVRI, DISTRICT-SAGAR (3) VISHWANATH S/O LATE BABULAL, AGED ABOUT 43 YEARS, R/O VILLAGE AND POST BELDHANA, TAHSIL DEVRI, DISTRICT-SAGAR (4) HALLEBHAI S/O LATE BABULAL, AGED ABOUT 32 YEARS, R/O VILLAGE AND POST BELDHANA TAHSIL DEVRI, DISTRICT-SAGAR (5) RAMKALI, W/O SHRI RAMCHARAN, D/O LATE BABULAL, AGED ABOUT 44 YEARS, R/O VILLAGE CHOUKA, POST PIPARIYA KACHHI CHOUKA, TAHSIL, REHLI, DISTRICT-SAGAR (6) SAROJ RANI KACHHI, W/O SHRI MOTILAL, D/O LATE BABULAL, AGED ABOUT 38 YEARS, R/O VILLAGE SEHAJPURI KHURD, TAHSIL REHLI, DISTRICT-SAGAR (7) HEMLATA, W/O SHRI BALRAM, D/O LATE BABULAL, AGED ABOUT 37 YEARS, R/O VILLAGE BELDHANA, SAGAR AT PRESENT R/O NANDIPIPARIYA, MAHARJPUR DISTRICT-SAGAR (8) ANITA KACHHI, W/O SHRI KHARAGRAM, D/O LATE BABULAL, AGED 31 YEARS R/O VILLAGE, IMALIYA ROAD, KHAMARIYA, TAHSIL REHLI, DISTRICT-SAGAR .....APPELLANTS (BY SHRI JAGTENDRA PRASAD BANSAL - ADVOCATE )

AND

1. HEMRAJ S/O LATE BABULAL LODHI, AGED Signature Not Verified Signed by: VAISHALI ABOUT 40 YEARS, BELDHANA TEH. DEVRI SAGAR (MADHYA PRADESH)

2. BHAGWATI BAI W/O HARRAM LODHI, AGED ABOUT 50 YEARS, VILLAGE NAYAKHEDA (NEAR RASENA) TEHSIL DEVRI (MADHYA PRADESH)

3. DEVKA BAI D/O BABULAL LODHI, AGED ABOUT

47 YEARS, VILLAGE BELDHANA TAH.DEVRI (MADHYA PRADESH)

4. RAMKALI BAI W/O RAMA LODHI, AGED ABOUT

45 YEARS, CHATURBHATA TEHSIL DEVRI (MADHYA PRADESH)

5. LEELA BAI W/O GANESH LODHI, AGED ABOUT 43 YEARS, SURADEHI (NEAR DAGAR SALAIYA)

TEHSIL DEVRI (MADHYA PRADESH)

6. GANESH S/O KANHAIYALAL PATEL (KACHHI), AGED ABOUT 47 YEARS, BELDHANA TEHSIL DEVRI (MADHYA PRADESH)

7. HEERALAL S/O KANHAIYALAL PATEL (KACHHI)

BELDHANA TEHSIL DEVRI (MADHYA PRADESH)

8. BHAGOTI BAI W/O LATE KALU PATEL, AGED ABOUT 65 YEARS, VILLAGE SEMDAKHEDI TEHSIL DEVRI (MADHYA PRADESH)

9. MEERA BAI W/O BALKISHAN PATEL, AGED ABOUT 50 YEARS, GARHAKOTA TEHSIL GARHAKOTA(NEAR BADIYA REHLI TIGADDA)

(MADHYA PRADESH)

10. PARVATI BAI W/O SHANKAR PATEL, AGED ABOUT

55 YEARS, DHUMTARA TEHSIL DEVRI (MADHYA PRADESH)

11. THE STATE OF MP THROUGH COLLECTOR SAGAR (MADHYA PRADESH)

12. GYANCHAND S/O KASHIRAM PATEL, AGED ABOUT 30 YEARS, IMJHIRA P.O. DOGAR SALAIYA TEHSIL DEVRI (MADHYA PRADESH)

13. PRADEEP S/O KASHIRAM PATEL, AGED ABOUT 30 YEARS, IMJHIRA P.O. DOGAR SALAIYA TEHSIL DEVRI (MADHYA PRADESH)

Signature Not Verified Signed by: VAISHALI

14. NEKILAL S/O MATTHE PATEL, AGED ABOUT 45 YEAR S, SUKHNAIN WARD DEVRI SAGAR (MADHYA PRADESH)

15. MULLI S/O MATTHU PATEL, AGED ABOUT 40 YEAR S, SUKHNAIN WARD DEVRI SAGAR (MADHYA PRADESH)

16. LOKNATH S/O MATTHU PATEL, AGED ABOUT 35 YEAR S, SUKHNAIN WARD DEVRI SAGAR (MADHYA PRADESH)

17. KAMLESH S/O MATTHU PATEL, AGED ABOUT 32 YEAR S, SUKHNAIN WARD DEVRI SAGAR (MADHYA PRADESH)

18. NARENDRA S/O MATTHU PATEL, AGED ABOUT 30 YEAR S, SUKHNAIN WARD DEVRI SAGAR (MADHYA PRADESH)

19. SHOBHARAM S/O MATTHU PATEL, AGED ABOUT

50 YEARS, SUKHNAIN WARD DEVRI SAGAR (MADHYA PRADESH)

20. HEERA BAI W/O HAJARI PATEL NEAR 16 B BATTALION SAGAR (MADHYA PRADESH)

.....RESPONDENTS ( SMT. EKTA GUPTA- PANEL LAWYER)

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

ORDER

This second appeal has been filed by the appellant under Section 100 of Code of Civil Procedure, 1908, against the judgment and decree dated 25.07.2019 passed by Additional District, Judge Devri, District-Sagar in Regular Civil Appeal No.400003/15, arising out of the judgment and decree dated 30.01.2015 passed by Civil Judge, Class-I, Devri, District-Sagar in Civil Suit No.27-A/14.

2. Brief facts of the case are that Birju had four sons namely Nanna, Laxman, Signature Not Verified Signed by: VAISHALI Mulu and Mohanlal. Plaintiff is son of Laxman. Laxman purchased