IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL SECOND APPEAL No. 380 of 2003 Between:-

1.BAL GOVIND SAHU, AGED ABOUT 27 YEARS, SON OF MOOLCHAND SAHU, RESIDENT OF NEHRU WARD, SEONI, TEHSIL AND DISTRICT SEONI, (MADHYA PRADESH)

2. RAM KUMAR SAHU, AGED ABOUT 37 YEARS, SON OF ROSHANLAL SAHU, RESIDENT OF KEWATI WARD, SEONI, TEHSIL AND DISTRICT SEONI, (MADHYA PRADESH)

....................................APPELLANTS (BY SHRI R.K. VERMA, SENIOR COUNSEL WITH MS. PREETI KHANNA-

ADVOCATE)

AND

1. BHEEM SEN SOLANKI, AGED ABOUT 72 YEARS, SON OF BABULAL SOLANKI, RETIRED VACCINATOR, RESIDENT OF MAHARANA PRATAP WARD, SEONI, TEHSIL AND DISTRICT SEONI, (MADHYA PRADESH) SINCE DEAD THROUGH LRS (i) BRIJ SEN, AGED ABOUT 60 YEARS, S/O LATE SHRI BHIMSEN, R/O CV. RAMAN WARD, Signature Not Verified Signed by: S HUSHMAT BARGHAT ROAD, SEONI (ii) SHRI SEN, AGED ABOUT 52 YEARS, S/O LATE SHRI BHIMSEN, R/O CV. RAMAN WARD, BARGHAT ROAD, SEONI (iii) SHUBADRA DEVI, AGED ABOUT 63 YEARS W/O UMA SHANKAR CHANDANIYA, R/O NEAR NARSINGH MANDIR, NARSINGHPUR (iv) SMT. GEETA BAI, AGED ABOUT 58 YEARS, W/O GHANSHYAM PRASAD,R/O KHALASI LINE, CHHOTI OMTI, JABALPUR (v) SITA BAI, AGED ABOUT 56 YEARS, W/O NANDLAL PRAJAPATI, R/O MOHALLA AHMADPUR, DISTRICT JABALPUR (vi) RUKMANI, AGED ABOUT 55 YEARS, W/O LATE CHANDRASEN SOLANKI, R/O C.V.

RAMAN WARD, BARGHAT ROAD, SEONI, M.P.

2. SMT. TULSA BAI, AGED ABOUT 62 YEARS, WIDOW OF PARASRAM, RESIDENT OF MAHARANA PRATAP WARD, TEHSIL AND DISTRICT SEONI SINCE DEAD THROUGH LRS A. SMT. INDRABAI, AGED ABOUT 52 YEARS, WD/O SHRI RAM PRASAD KUMHAR, R/O VILLAGE KANHIWADA, P.S. KANHIWADA, TEHSIL AND DISTRICT SEONI, M.P.

B. SMT. ASHA BAI MALVI, AGED ABOUT 43 YEARS, W/O RAM PRASAD MALVI, R/O ASHOK WARD, NEAR PANI KI TANKI, SEONI, M.P.

C. RAJENDRA PRASAD, AGED ABOUT 45 YEARS, S/O PARASRAM KUMHAR, R/O MAHAVEER WARD, GANESH CHOWK, DISTRICT SEONI, M.P. DEAD THROUGH LRS

1. SMT. DURGESH LATA KASHYAP, AGED 50 YEARS, WIDOW OF LATE RAJENDRA KASHYAP

2. SHRIDEEP KASHYAP, AGED 31 YEARS, SON OF LATE RAJENDRA KASHYAP Signature Not Verified Signed by: S HUSHMAT

3. SMT. CHHAYA PARDESI, AGED ABOUT 30 YEARS, W/O NIKHIL PARDESI

4. PUJA KASHYAP, AGED 27 YEARS, D/O LATE RAJENDRA KASHYAP

5. PALAK KASHYAP, 25 YEARS, D/O LATE RAJENDRA KASHYAPAL ALL LRS ARE RESIDENT OF GANESH CHOWK, MAHAVIR WARD, BARGHAT ROAD, SEONI, M.P. D. KISHORE KUMAR, AGED ABOUT 40 YEARS, S/O PARASRAM KUMHAR, R.O MAHAVEER WARD, GANESH CHOWK, DISTRICT SEONI, M.P.

3-A SMT. MUNNI BAI, AGED ABOUT 60 YEARS, WIDOW OF SHIVCHAND

3-B SANJAY AGED ABOUT 27 YEARS, SON OF SHIVCHAND

3-C HARISH, AGED ABOUT 22 YEARS, SON OF SHIVCHAND NOS.3A TO 3C ARE RESIDENT OF WARD NO.7 MAHAVEER WARD, SAMANAPUR, TEHSIL-

LAKHNADOUN, DISTRICT-SEONI, M.P.

......................RESPONDENTS (BY SHRI ASHISH SHROTI-ADVOCATE FOR RESPONDENTS)

.............................................................................................................................................

Reserved on : 27/10/2022 Delivered on : 02/11/2022 .............................................................................................................................................

Signature Not Verified Signed by: S HUSHMAT This appeal coming on for final hearing on this day, the court passed the following:

JUDGMENT

This second appeal has been filed by appellants/defendants 3-4 (Balgovind and Ramkumar) challenging the judgment and decree dated 31.03.2003 passed by First Additional District Judge, Seoni in Civil Appeal No.39-A/1997 reversing the judgment and decree dated 24.06.1996 passed by Second Civil Judge Class-II, Seoni in Civil Suit No.84-A/1994.

2. In short the facts of the case are that the original plaintiff Bheem Sen {now represented by respondent 1 (i) to (vi)} instituted a suit against defendant Tulsa Bai and thereafter, Shivchand was impleaded as defendant 2. Due to sale of the disputed property by defendant 2-Shivchand, present appellants (defendants 3-4) Balgovind and Ramkumar were also impleaded. It is alleged in the p