IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL nd ON THE 2 OF NOVEMBER, 2023 MISC. APPEAL No. 1282 of 2005 BETWEEN:-

1. RAJARAM MALI S/O SHRI KANHAIYALAL MALI, AGED ABOUT 56 YEARS, VILLAGE SIROJA, DISTRICT SAGAR (MADHYA PRADESH)

2. SMT. SUSHAMA SHUKLA W/O SHRI SHASHIKANT SHUKLA, AGED ABOUT 37 YEARS, GOPAL GANJ WARD, DISTRICT SAGAR (MADHYA PRADESH)

.....APPELLANTS (BY SHRI PRAVEEN DUBEY - ADVOCATE)

AND

1. SMT. GANGA BAI (DEAD)

2. INDRAJ SAINI W/O KANHIYALAL SAINI, AGED ABOUT 22 YEARS, GOPAL GANJ NEAR WAREHOUSE SAGAR DISTRICT SAGAR M.P (MADHYA PRADESH)

1 Signature Not Verified

3. GAURI SHANKER S/O SHRI KANHIYALAL SAINI, AGED ABOUT 56 YEARS, R/O JHANDA CHOWK GOPAL GANJ SAGAR DISTRICT SAGAR M.P (MADHYA PRADESH)

4. BRIJLAL SAINI S/O SHRI KANHIYALAL SAINI, AGED ABOUT 28 YEARS, R/O GOPAL GANJ TEHSIL AND DISTRICT SAGAR M.P (MADHYA PRADESH)

5. STATE OF MADHYA PRADESH THROUGH COLLECTOR DISTRICT SAGAR M.P.

(MADHYA PRADESH)

.....RESPONDENTS (BY SHRI BHOOP SINGH - ADVOCATE)

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

ORDER

This misc. appeal is preferred by the appellants/defendants 1-2 challenging the judgment of remand dtd. 21.02.2005 passed by 1^st Additional District Judge, Sagar in civil appeal No.7-A/2003 reversing the judgment and decree dtd. 29.09.2003 passed by 2^nd Civil Judge Class-I, Sagar in civil suit No.8-A/2002, whereby learned trial court dismissed the respondents 1-2/plaintiffs’ suit for declaration of title and permanent injunction filed in respect of the suit property, which in civil appeal filed by the plaintiffs has been set aside and matter has been remanded to learned trial court for

2 Signature Not Verified decision of civil suit afresh, after getting demarcated the suit property through Commissioner/Revenue Officer.

2. The suit in question has been filed for declaration of title and permanent injunction with the allegations that the plaintiffs are owner and in possession of the suit house and appurtenant open land bearing house No.348, situated in Gopalganj Ward. It is alleged that the plaintiff is residing in the house for last 40-50 years, which is situated on the land (new) nos. 506/7 and 509/1, old number of which was 473 area 1.27 acre, which was purchased by husband and father of plaintiffs 1-2 namely Kanhaiyalal (died in the year 1977) vide regd. sale deed dtd. 03.04.1933. It is also alleged that the defendant 1 has executed sale deed of the suit property in favour of defendant 2 on 05.06.1997 for consideration of Rs.1,60,000/- without any authority, on that basis the defendants 1-2 want to dispossess the plaintiffs. Hence, prayed for decreeing the suit.

3. The defendants 1-2 appeared and filed written statement denying the plaint allegations. It is also denied that that new numbers of khasra no. 473 are 506/7 and 509/1 and the suit property is situated in khasra no. 506/7 and 509/1. It is also contended that the residential house of the plaintiffs, defendant 1,3,4 and another son of Kanhaiyalal namely Raghuvar is constructed over khasra No.473. It is contended that kachcha house constructed over khasra No.506/7 and 509/1 is different house, which has been purchased by defendant 2 from defendant 1 vide registered sale deed dtd.

3 Signature Not Verified

05.06.1997, on the basis of which mutation has also been done vide order dtd. 22.10.1997. It is also contended that the plaintiffs have no nexus with the land of khasra No.506/7 and 509/1 as well as the house no. 348 constructed thereon. On inter alia contentions the suit was prayed to be dismissed.

4. On the basis of pleadings of the parties learned trial court framed issues and recorded evidence of the parties and vide judgment and decree dtd. 29.09.2003 dismissed the suit. Against which the plaintiffs preferred civil appeal No.7-A/2003 on 02.12.2003, which vide impugned judgment dtd. 21.02.2005 has been