IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL ON THE 9^th OF NOVEMBER, 2022 FIRST APPEAL No. 200 of 2013 Between:-

SMT. KAMLA SHUKLA W/O SHRI JAGDISH SHUKLA, AGED ABOUT 50 YEARS, OCCUPATION: HOUSEWIFE MAHAL COLONY, SHIVPURI (MADHYA PRADESH)

.....APPELLANT (BY SHRI N.K.GUPTA- SENIOR ADVOCATE WITH SHRI S.D.S.BHADAURIA -ADVOCATE)

AND LAXMIKANT SHARMA (DEAD) TH.

L.RS.

1(1) NARENDRA KUMAR SHAMA S/O

1.

LATE LAXMIKANT SHARMA AGED 37 YEARS, R/O 143/12 RAJESHWARI ROAD, SHIVPURI, DISTT. SHIVPURI.

SMT. SHANTIDEVI SHARMA W/O LATE LAXMIKANT SHARMA AGED 67 YEARS, 1(2)

R/O 143/12 RAJESHWARI ROAD, SHIVPURI, DISTT. SHIVPURI.

Signature Not Verified Signed by: MADHU SMT. BHAGWATI SHARMA W/O DINESH SHARMA D/O LATE LAXMIKANT

1(3) SHARMA AGED 55 YEARS, R/O SURI NAGAR MORAR, DISTT. GWALIOR (M.P.)

SMT. UMA SHARMA W/O SHRI PRADEEP SHARMA D/O LATE

1(4)

LAXMIKANT SHARMA, R/O RAILWAY COLONY, SIHORE M.P.

NARENDRA KUMAR SHARMA S/O LAXMIKANT SHARMA, AGED ABOUT

2 37 YEARS, R/O 143/12, RAJESHWARI ROAD, DISTT.SHVIPURI (MADHYA PRADESH)

SMT.SHANTI DEVI SHARMA W/O LAXMIKANT SHARMA, AGED ABOUT

3 67 YEARS, R/O 143/12, RAJESHWARI ROAD, DISTT.SHVIPURI (MADHYA PRADESH)

MANENDRA SHARMA S/O INDRAPAL SHARMA, AGED ABOUT 60 YEARS, OCCUPATION: R/O FATEHPUR

4 SHIVPURI PERMANENT R/O SAROJNI NAGAR, OPP. SAINIK P.S. DISTT.

LUCKNOW (UTTAR PRADESH)

STATE OF M.P. TH:

5 COLLECTOR,DISTT.SHIVPURI SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR RESPONDENTS No.1 to 3/PLAINTIFFS THOUGH SERVED)

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

JUDGMENT

Being aggrieved by the judgment passed by the 2nd Additional District Judge, Shivpuri, in Civil Suit No.14-A/2011 on 20.9.2013, by which trial Court has decreed the suit of the respondents/plaintiffs, appellant/defendant has preferred this appeal.

2. In brief facts of the case are that respondent No.1/Laxmikant Sharma executed a registered power of attorney in favour of respondent No.4-Manendra Sharma on 23.6.2007 and 18.7.2007 by which he has been authorized to execute sale- deed of his property. After execution of power of attorney, Manendra Sharma executed sale-deed in favour of appellant Smt. Kamla Shukla for consideration of Rs. four lac ninety thousand for sale of agricultural land situated at village Badodi survey No.244 Min 3 area 2 Beegha 1 Biswa, 0.428 hectare and got the consideration amount and also gave possession of the aforesaid Signature Not Verified Signed by: MADHU property. On the basis of aforesaid registered sale-deed, name of the appellant was mutated in the revenue records. Thereafter, respondents/plaintiffs filed a civil suit against appellant and Manendra Sharma with the relief that aforesaid power of attorney dated 23.6.2007 and 18.7.2007 and sale-deed be declared null and void and they be declared as owner of the aforesaid land. Plaintiffs mentioned in the suit that cause of action arose on 18.12.2009 when appellant tried to dispossess them. As per their pleadings, Laxmikant Sharma was of unsound mind and petrol pump Manager Manendra Sharma by taking advantage of aforesaid mental condition of Laxmikant Sharma, got executed power of attorney in his favour and thereafter on the basis of said power of attorney executed sale-deed of the aforesaid land in favour of the appellant. When they came to know about this transaction, they took out documents from the concerned department and filed aforesaid suit.

3. In support of the suit, plaintiffs adduced evidence of son of Signature Not Verified Signed by: MADHU Laxmikant Sharma, namely Narendra Kumar Sharma (PW-1), brother of Laxmikant Sharma, namely Ramkrishna Sharma (PW-

2) and treating doctor Kuldeep Singh (PW-3).

4. As per Narendra Sharma, Manendra Sharma by taking advantage of unsoundness of mind of his father Laxmikant Sharma got executed two power of attorney on 25.6.2007 and 18.7.2007 in his favour and thereafter executed two sale-deeds in favour of Bindobai and Vimla Devi and