Satisfaction of legal requirements for property transfer and validity of documentation overshadow less formal agreements or claims of misrepresentation in the context of rightful ownership.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH th ON THE 13 OF AUGUST, 2025 MISC. PETITION No. 490 of 2025 BANWARI SAIN Versus RAMRAJA YADAV Appearance:

Shri Rishikesh Bohare - Advocate for the petitioner.

Shri Ankur Mody, learned counsel for the respondent.

ORDER The present petition under Article 227 of the Constitution of India is preferred by petitioner/plaintiff being aggrieved by the order dated 02.07.2024 passed in Case No. MCA/15/2024 by the Principal District Judge, Ashoknagar, whereby the Misc. Civil Appeal filed by the respondent/defendant has been allowed reversing the order dated 19.03.2024 passed by IIIrd Additional Judge, Link Court, Isagarh to the Court of First Civil Judge, Senior Division, Ashoknagar (MP).

2. Brief facts of the case that the petitioner/plaintiff has filed a Civil Suit for declaration of title and permanent injunction in respect of suit land, survey No.1674/15 area 1.552 hectare situated in village Kolaras and also to declare the sale deed dated 07-04-1997 to be null and void against the interest of plaintiff. He further submitted that he got untransferable lease from the State Government. Plaintiff has handed over the land in question to the defendant on the terms of 'adhbatai (half share) of agricultural produce earlier because the plaintiff was not having source of water and defendant was having water to supply in said land. The Signature Not Verified Plaintiff is innocent and illiterate person and defendant asked him to make signature on a document of agreement for said contract of 'adhbatai and under such a misrepresentation, he got his signature on a sale-deed dated 07-04-1997 without paying any amount of consideration. Earlier defendant filed a Civil Suit No. 9A/2000 impleading other persons as defendant and in collusion with said parties he got a compromise decree dated 12-10-2004 in said Civil suit and he also got his name mutated in revenue records. In year 2021 he threatened the plaintiff to dispossess him then the plaintiff came to know about said sale-deed and his mutation. Thereafter the plaintiff filed a civil suit for declaration and permanent injunction and declaration of sale deed. With civil suit petitioner/plaintiff filed an application under Order 39 Rule 1 and 2 r/w sec.151 CPC for granting temporary injunction to protect his possession before the Trial court. The trial Court heard the parties of the suit and found that prima facie case is in favour of plaintiff and balance of convenience and irreparable loss in favour of plaintiff/petitioner and application under Order 39 Rule 1 and 2 has been allowed in favour of plaintiff.

3. Respondent filed filed Misc. Appeal against said order dated 19-03-

2024. Appellate Court allowed the Miscellaneous Appeal and reversed the well reasoned order passed by the learned Trial court. Being aggrieved by the impugned order dated 02-07-24, the petitioner filed this petition on the ground that the learned appellate Court has committed illegality and jurisdictional error in allowing the appeal. He further submitted that plaintiff/petitioner has possession of disputed land. He was lease holder with condition that he cannot transfer disputed property and he never executed sale deed in favour of the defendant and never handed over the possession. So prayed for setting aside the impugned order. 4. On the other hand, learned counsel for respondent supported the impugned order and prayed for rejection of this petition.

Signature Not Verified

5. Heard the learned counsel for parties and perused the record.

6. After hearing counsel for both the parties and perusal of entire documents annexed with the petition, it is found that registered sale deed was executed in favour of the respondent by plaintiff/petitioner. According to the petitioner, it was not a sale deed but it is deed of Adhbatai. It means petitioner impliedly accepted the the sign