IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 4 th OF MAY, 2023 SECOND APPEAL No. 2340 of 2019 BETWEEN:-

1. SUSHREE RANJANA JAISWAL D/O RAJENDRA JAISWAL, AGED ABOUT 47 YEARS, R/O B-23, SECTOR A MAHANAGAR SADAR LUCKNOW TAHSIL AND DISTRICT LUCKNOW (UTTAR PRADESH)

2. ARVIND JAISWAL S/O RAJEDRA JAISWAL, AGED ABOUT 42 YEARS, R/O B-23, SECTOR A MAHANAGAR SADAR LUCKNOW TEH AND DISTRICT LUCKNOW (UTTAR PRADESH)

3. AMBIKA PANDEY D/O RAJEDRA JAISWAL, AGED ABOUT 42 YEARS, R/O B-23, SECTOR A MAHANAGAR SADAR LUCKNOW TEH AND DISTRICT LUCKNOW (UTTAR PRADESH)

.....APPELLANT (BY SHRI G.S. BAGHEL – ADVOCATE )

AND

1. DR. AKHILESH NARAYAN SINGH S/O LATE ADITYA NARAYAN SINGH, AGED ABOUT 67 YEARS, R/O CHOUDHARI BHAWAN, BOODHI MAI WARD MAHARAJPUR TEH AND DISTRICT MANDLA (MADHYA PRADESH)

2. RAJESH NARAYAN SINGH S/O LATE ADITYA NARAYAN SINGH, AGED ABOUT 63 YEARS, R/O CHOUDHARI BHAWAN, BOODHI MAI WARD MAHARAJPUR TEH AND DISTRICT MANDLA (MADHYA PRADESH)

3. STATE OF MADHYA PRADESH THROUGH COLLECTOR DISTRICT MANDLA (MADHYA PRADESH)

4. UMESH CHAND KAURAV S/O RAJ SINGH KAURAV, AGED ABOUT 60 YEARS, OCCUPATION: TAHSILDAR MURAR TAH. AND DISTRICT GWALIOR (MADHYA PRADESH)

5. RAJKUMAR AHLUWALIYA S/O SATYA PRAKASH AHLUWALIYA, AGED ABOUT 61 YEARS, R/O TILAK WARD MANDLA, TAHSIL AND DISTRICT MANDLA (MADHYA PRADESH)

6. SMT. MAYA GUPTA W/O MAHESH GUPTA, AGED ABOUT 61 YEARS, R/O IN FRONT OF P.S KOTWALI TILAK WARD MANDLA, TAHSIL AND DISTRICT (MADHYA PRADESH)

7. SMT. SANGEETA AGRAWAL W/O SANTOSH KUMAR AGRAWAL, AGED ABOUT 41 YEARS, R/O BHUA BICHHIA TAH. BICHHIA, DISTRIT MANDLA (MADHYA PRADESH)

8. RAJESH GAUTAM S/O BRAJ MOHAN GAUTAM, AGED ABOUT 56 YEARS, R/O H.NO. 89 KILA WARD MANDLA, TAHSIL AND DISTRICT MANDLA (MADHYA PRADESH)

9. NEELESH SINGH S/O DR. AKHILESH NARAYAN SINGH, AGED ABOUT 41 YEARS, R/O CHOUDHARI BHAWAN BOODHI MAI WARD MAHARAJPUR TEH AND DISTRICT MANDLA (MADHYA PRADESH)

10. ANIL VEERANI S/O BHOJRAJ VEERANI, AGED ABOUT 56 YEARS, STATION ROAD DADA DHANIRAM WARD MAHARAJPUR, TAHSIL AND DISTRICT MANDLA (MADHYA PRADESH)

.....RESPONDENTS (MS. PAPIYA GHOSH – PANEL LAWYER FOR RESPONDENT NO.3/STATE )

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

JUDGMENT

This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 22.05.2019 passed by District Judge, Mandla in RCA No.100052/2014 arising out of judgment and decree dated 30.09.2014 passed by First Civil Judge, Class-I Mandla in Civil Suit No.4A/2002.

2. The facts necessary for disposal of the present appeal in short are that plaintiff and the defendants No.1 and 2 are the real brothers and sister being the children of Aditya Narayan Singh and Rajkumari Singh. Rajkumari Singh was the daughter of Chetram Choudhary and Rewa Bai, who died in the year 1964-65. Aditya Narayan Singh died on 21.10.1987 and Rewa Bai died on 19.06.1999. The defendant No.9 Nilesh Singh is the son of defendant No.1. It is not in dispute that the defendants No.1 and 2 have alienated a part of the disputed property to defendants No.4 to 8 and 10 by registered sale deeds executed on different dates. It is the case of the plaintiff that the plaintiff and the defendants No.1 and 2 have equal share in the property left by Chetram Choudhary, therefore, the plaintiff has 1/3^rd share. Kutki Bai, who is the mother of Chetram had neither executed any Will nor had any right to execute the same. However, a forged Will was prepared. The property in dispute is the joint property of the plaintiff and the defendants No.1 and 2. Rajkumari Bai, the mother of the plaintiff, had inherited 1/3^rd share in the property of her father Chetram Choudhary. Deceased Aditya Narayan Singh had no right or title in the property, thus had no right or title to execute any Will. The partition, which was done on 25.06.1976, is also null and void. The defendants No.1 and 2 without giving any share to the plaintiff have sold some part of the property