IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA ON THE 22^nd OF JANUARY, 2026 FIRST APPEAL No. 1 of 2003 CHANANLAL BHOLA AND ORS.

Versus STATE OF M.P. AND ORS.

Appearance:

Shri Rajesh Ranjan Singh, Advocate through Video Conferencing with Shri Balwant Singh, Advocate for appellants.

Shri G.K.Agarwal, Government Advocate for respondent Nos.1 &2/State.

Shri Harish Dixit, Senior Advocate with Shri Parth Dixit, Advocate for respondent No.3/GDA Shri N.K.Gupta, Senior Advocate with Shri S.D.Singh, Advocate for respondent No.4(ii).

Shri Rohit Bansal, Advocate for respondent No.12.

WITH FIRST APPEAL No. 87 of 2003 CHANANLAL BHOLA & ORS.

Versus STATE OF M.P.& ORS.

Appearance:

Shri Rajesh Ranjan Singh, Advocate through Video Conferencing with Shri Balwant Singh, Advocate for appellants.

Shri G.K.Agrawal, Government Advocate for respondent Nos.1 & 2/State.

Shri Harish Dixit, Senior Advocate with Shri Parth Dixit, Advocate for respondent No.3/GDA Shri Rohit Bansal, Advocate for respondent No.5.

FIRST APPEAL No. 88 of 2003 CHANAN LAL BHOLA & ORS.

Versus STATE OF M.P.& ORS.

Appearance:

Shri Rajesh Ranjan Singh, Advocate through Video Conferencing with Shri Balwant Singh, Advocate for appellants.

Shri G.K.Agrawal, Government Advocate for respondent Nos.1 &2/State.

Shri Harish Dixit, Senior Advocate with Shri Parth Dixit, Advocate for respondent No.3/GDA Shri N.K.Gupta, Senior Advocate with Shri S.D.Singh, Advocate for respondent No.4A.

Shri Rohit Bansal, Advocate for respondent No.13.

JUDGMENT By this common judgment, First Appeal Nos. 87/2003 and 88/2003 shall also be disposed of.

2. First Appeal No. 1/2003 has been filed against the judgment and decree dated 21/11/2002 passed by III Additional District Judge, Gwalior in Civil Suit No. 52A/1990, whereas First Appeal No. 87/2003 has been filed against the judgment and decree dated 21/11/2002 passed by III Additional District Judge, Gwalior, in Civil Suit No. 10A/1988 and First Appeal No.88/2003 has been filed against the judgment and decree dated 21/11/2002 passed by III Additional District Judge, Gwalior, in Civil Suit No. 2A/1992 (Old No.31A/86).

3. All the three civil suits were filed by the plaintiffs and by order dated 11/2/1992 passed by High Court in Civil Revision No. 91/91, all the three civil suits were consolidated.

4. Civil Suit No.52A/90 was filed for declaration that plaintiffs are the owners of half part of Plot No.54A and Plot No.54B and letter dated

12/9/1984 is null and void, non issuance of no-objection certificate by defendant No.2 is bad in law and all proceedings done by defendant No.3 in respect of Plot No.54A (half part) and 54B are bad in law;

Civil Suit No.31A/86 was filed for declaration that exchange deed dated 25/6/1977 is bad in law and plaintiff is entitled to raise construction over plot No.54A (half part) and 54B as well as permanent injunction; and Civil Suit No.10A/88 was filed for declaration that defendant No.3 has no right or title to transfer the plot No.54B to defendant No.4/Rajesh Sahu and lease agreement dated 11/9/1987 is null and void.

Thus all the three suits were filed in respect of Plot No.54A (half part)

and 54B.

5. For the sake of convenience facts of F.A. No.1/2003 shall be considered.

6. Facts necessary for disposal of the present appeals, in short, are that plaintiffs filed a suit for declaration of title and permanent injunction pleading inter alia that plaintiffs have purchased plot No. 54 A and 54 B by registered sale deed dated 8/6/1982 from defendant No. 5 namely Layak Ram Sharma. The said plots were sold by the defendant No. 4 by giving a full assurance to the plaintiff that they can purchase the said plot from defendant No. 5. On 8/6/1982 itself, defendants No. 4 namely Munshi Singh Guraiya, and defendant No. 5 Layak Ram handed over the vacant possession of the plots in dispute and accordingly the plaintiffs have also got a fencing done in order to protect the plots. After purchasing the plots, plaintiffs initiated proc