IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL SECOND APPEAL NO.385 of 1995 Between:-

1. SOW PUSHPA GOYAL W/O LAXMINARYAN

2. KAMAL KISHORE S/O BHAGCHAND (DEAD)

THROUGH LRS:

(1) SMT. RUKHMANI BAI, AGE 64 YEARS WIDOW KAMAL KISHORE AGARWAL, (2) SMT. KAVITA, AGE 40 YEARS, D/O KAMAL KISHORE AGARWAL, WIDOW OF KAILASH CHANDRA AGRAWAL, (3) MANISH, AGE 28 YEARS, SON OF KAM KISHORE AGARWAL.

R/O GOL GAZAR, KHANDWA DISTRICT KHANDWA (4) SMT. BABITA, AGED 38 YEARS, DAUGHTER OF KAMAL KISHORE AGARWAL, HUSBAND RAJESH AGARWAL, RESIDENT OF TIRUPATI COLONY, ITARSI, DISTRICT HOSHANGABAD (5) SMT. SONALI, AGE 35 YEARS, DAUGHTER OF KAMAL KISHORE HUSBAND KRITI AGARWAL, R/O NEAR NAGAR PALIKA BHAVAN, BAYVARA DISTRICT RAJGAD

3. MAHESH KUMAR S/O BHAGCHAND

4. UMESH KUMAR S/O BHAGCHAND R/O GOLBAZAR, KHANDWA (M.P.)

.....APPELLANTS (BY SHRI ASHISH SHROTI - ADVOCATE)

AND

1. DAYA RAM, DEAD THROUGH LRS:

(a) DHARAMPAL S/O DAYARAM ARYA, AGED 60 YEARS (b) RAJENDRA S/O DAYARAM ARYA, AGED 55 YEARS (c) RAJKUMAR S/O DAYARAM ARYA, AGED 50 YEARS (d) SUNIL S/O DAYARAM ARYA, AGED 45 YEARS (e) BALKRISHNA S/O DAYARAM ARYA, AGED 40 YEARS (f) SMT. NIRMALA D/O DAYARAM ARYA (g) SMT. SHAKUN D/O DAYARAM ARYA (h) SMT. URMILA D/O DAYARAM ARYA (I) SMT. SARLA D/O DAYARAM ARYA (j) SMT. SHEELA D/O DAYARAM ARYA

2. MANGILAL S/O HEERLAL AGRAWAL (DEAD)

(A) SMT. MUNNI BAI. (DEAD)

(B) VINOD S/O MANGILAL (DEAD)

THRUGH LEGAL LRS :

(i) SUHIL KUMAR, AGED 50 YEARS, SON OF VINOD AGRAWAL, R/O PRIDE PLAZA, VRANDAWAN DHAM, FLT. NO.B-3 STATION ROAD MIDC ROAD, VEDANT NAGAR, AURANGABAD MAHARASHTRA (ii) KAPIL, AGED 45 YEARS, SON OF VINOD AGRAWAL. R/O PRIDE PLAZA, VRANDAWAN DHAM, FLT. NO.B-3 STATION ROAD MIDC ROAD, VEDANT NAGAR, AURANGABAD MAHARASHTRA (iii) SMT. SAPNA, AGED 55 YEARS DAUGHTER OF VINOD AGRAWAL, WIFE OF NITIN AGARWAL, R/O SHIVAJI CHOWK, HINGOLI, MAHARASHTRA (C) ASHOK S/O MANGILAL (DEAD)

THROUGH LRS:

(1) SMT. USHA WIDOW OF SHRI ASHOK AGRAWAL, AGED 62 YEARS, R/O RAMKRISHNA GANJ, BEHIND ANAZ MANDI, KHANDWA (M.P.)

(2) SMT. ASHWITA, DAUGHTER OF LATE SHRI ASHOK AGRAWAL, WIFE OF SHRI RITESH AGRAWAL, AGED ABOUT 40 YEARS, R/O 70, BHARUKA BROTHERS, KASERA BAZAR, INDORE (M.P.)

(3) SHRI ASHWIN SON OF LATE SHRI ASHOK AGRAWAL, AGED ABOUT 35 YEARS, BUSINESSMAN, RESIDENT OF RAMKRISHNA GANJ, BEHIND ANAZ MANDI, KHANDWA (M.P.)

(D) SMT. BINA BAI, W/O SHRI VIJAYA KUMAR AGRAWAL, CARE OF RAMESHWARDAS CHHAGA LAL AGRAWAL, KASTOORI PALACE, ATHAWAI BAZAR, BHUSAWAL.

(E) SANJAY S/O MANGILAL (DEAD)

THROUGH LRS:

(1) SMT. SAPNA WIFE OF LATE SHRI SANJAY AGARWAL, AGED ABOUT 45 YEARS, R/O D-10, BRIJNAYANI COLONY, KHANDWA ROAD, INDORE (M.P.)

(2) MS. PAYAL, DAUGHTER OF LATE SHRI SANJAY AGARWAL, AGED ABOUT 20 YEARS, R/O D-10, BRIJNAYANI COLONY, KHANDWA ROAD, INDORE (M.P.)

(3) RAM SON OF LATE SHRI SANJAY AGARWAL, MINOR THROUGH NATURAL GUARDIAN SMT. SAPNA, AGED ABOUT 12 YEARS, R/O D-10, (BY SHRI ATULAND AWASTHY, SENIOR ADVOCATE ASSISTED BY SHRI ABHAY TIWARI - ADVOCATE)

....RESPONDENTS Reserved on : 25.08.2022 Delivered on : 02.09.2022 ---------------------------------------------------------------------------------

J U D G M E N T

This second appeal has been filed by plaintiffs challenging the judgment and decree dated 23.01.1995 passed by District Judge, East Nimar Khandwa in Civil Appeal no.11-A/90, reversing the judgment and decree dated 20.09.1990 passed by I Civil Judge Class-I, Khandwa in Civil Suit no.11-A/1964.

2. In short the facts are that, original plaintiff Bhagchand (the appellants are his descendants) instituted a suit for declaration of title and permanent injunction mainly against the original defendant 1-Seth Champalal (due to his death and there being no LR, his name was deleted vide order dtd. 9.2.1983) and defendant 2-Dayaram (the respondents 1(a) to (j) are his descendants) with regard to a house situated in Mohalla Gol Bazar, Khandwa as mentioned in schedule-A to the plaint. Later on Mangilal (the respondents 2(A) to (E) are his descendants) and Chhotibai (since deceased) were also made part