The High Court Of Madhya Pradesh SA No. 325 of 2021 (SMT. RUPABAI Vs RAKESH KUMAR RAIKWAR)

14-12-2021 Jabalpur, Dated :

Shri Ankit Saxena, learned counsel for the appellant.

This second appeal has been filed by the defendant/appellant being aggrieved of judgment dated 29.01.2021 passed in Civil Appeal No.78-

th A/2019 passed by 14 Additional District Judge, Bhopal reversing the judgment and decree dated 25.02.2009 passed in Regular Civil Suit No.256-

A/2011 by the Civil Judge, Class-I, Bhopal.

Brief facts of the present case are that plaintiff had purchased plot No.54 contained in survey No.51, 52/2 measuring 20x30=600 sq.ft. vide registered sale-deed dated 26.06.2009. This sale-deed was executed in favour of the plaintiff wherein boundaries of Plot No.54 are mentioned as in East Plot No.53, in West Plot No.55, in North Plot No.39 and road on South. This sale-deed was executed by Badam Singh who had purchased plot No.54 vide sale-deed in 28.01.2009 (Ex.D-2) from Power of Attorney Holder of Khuman Singh S/o Omkar namely Ramswaroop.

Appellant's contention is that appellant too had purchased a plot vide registered sale-deed dated 03.07.2009 (Ex.D-1) which was also executed in favour of the a