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. 199 of 2013 Between:-

SMT. VIMLA DEVI W/O SHRI DUSHRATHMAL SANKHLA, AGED

1 ABOUT 65 YEARS, OCCUPATION:

HOUSEWIFE ARYA SAMAJ ROAD,SHIVPURI (MADHYA PRADESH)

SMT. BINDO BAI (DEAD) THROUGH L.RS.

2 PUNEET SHUKLA S/O SHRI JAGDISH SHUKLA AGED ABOUT 29 YEARS, R/O MAHAL COLONY, SHIVPURI (M.P.)

.....APPELLANTS (BY SHRI V.K.BHARDWAJ & SHRI N.K.GUPTA- SENIOR ADVOCATES WITH SHRI A.V.BHARDWAJ &

S.D.S.BHADAURIA -ADVOCATES)

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.

Signature Not Verified Signed by: MADHU SMT. SHANTIDEVI SHARMA W/O LATE LAXMIKANT SHARMA AGED 67 YEARS, 1(2)

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

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 U.P. (UTTAR PRADESH)

STATE OF M.P. TH:

5 COLLECTOR,DISTT.SHIVPURI SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: MADHU (NONE FOR RESPONDENTS No.1 to 3/PLAINTIFFS THOUGH SERVED)

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

JUDGMENT

Being aggrieved by the judgment passed by the 2nd Additional District Judge, Shivpuri, in Civil Suit No.15-A/2011 on 20.9.2013, by which trial Court has decreed the suit of the respondents/plaintiffs, appellants/defendants have 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 appellants Vimla Devi and Smt. Bindo Bai for consideration of Rs. four lac Signature Not Verified Signed by: MADHU for sale of agricultural land situated at village Badodi survey No.244 Min 1 area 1.045 hectare out of 4.038 hectare and got the consideration amount and also gave possession of the aforesaid property. On the basis of aforesaid registered sale-deed, name of the appellants were mutated in the revenue records. Thereafter, respondents/plaintiffs filed a civil suit against appellants 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 appellants 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 appellants. When they came to Signature Not Verified Signed by: MADHU 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 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