IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA st ON THE 21 OF JANUARY, 2026 SECOND APPEAL No. 1311 of 2025 SMT JULEKHA AND ANOTHER Versus SHEHJAD KHAN AND ANOTHER Appearance:

Shri Anand V. Bhardwaj, Advocate for the appellant.

Shri Harish Kumar Dixit, Senior Advocate with Shri Nimish Hardeniya, Advocate for respondents.

JUDGMENT This second appeal, under section 100 of CPC, has been filed against the judgment and decree dated 21/3/2025 passed by X District Judge, Gwalior in RCA No. 353/2024, as well as, judgment and decree dated 30/9/2024 passed by XIV Civil Judge, Senior Division, Gwalior in RCSA No.4100035/2013.

2. Appellants are defendants who have lost their case from the Courts below.

3. Facts necessary for disposal of present appeal, in short, are that respondents/plaintiffs filed a suit for declaration of title and permanent injunction pleading inter alia that plaintiffs are owners and in possession of Municipal House No.4/1266 and 4/2453 situated in Chunginaka, Bahodapur, Gwalior. Aforesaid property is the disputed property. It was mentioned that property shown in red colour in the plaint map "A" and property shown in green colour in plaint map "B" are the part of Survey No. 749. The total area of property shown in red colour is

300 square feet, whereas total area of property shown in green colour is 585 square feet. Name of plaintiff No.1 Shahjad Khan is recorded in respect of the property shown in red colour, whereas name of plaintiffs is recorded in respect of property shown in green colour in the record of Municipal Corporation, Gwalior in the capacity of owner and in possession of property in dispute. Plaintiffs are making payment of property tax. Thus, it was claimed that plaintiffs are owners and in possession of property shown in red colour and green colour in the plaint map "A" and plaint map "B" appended to plaint. It was claimed that defendants have no right or title in the property in dispute. It is the case of plaintiffs that late Brajvallabhdas S/o Late Laxmi Naryayan alias Lachha Seth was the owner and in possession of both the properties i.e. property shown in red colour and green colour. Said properties were purchased by plaintiffs by registered sale deed. Late Brajvallabhdas had sold the property shown in red colour to Istyaq Ahmad Khan S/o Babu Khan by registered sale deed dated 23/4/1973 and possession was also given to Istyaq Ahmad Khan. Later on Istyaq Ahmad Khan sold the said property to Shakur Khan by registered sale deed dated 18/1/1985. 300 Square Feet of said property was sold by Shakur Khan to plaintiff No.1 Shahjad Khan by registered sale deed dated 21/11/1987 and since then he is in possession of the property shown in red colour. Plaintiff No.1 has also constructed three shops in the property shown in red colour and one of those shops is in possession of Deepak Shrivas being tenant of plaintiff No.1, whereas remaining two shops are in possession of defendant No.2 on behalf of plaintiff No.1 on monthly rent of Rs.2000/-. It was further pleaded that on 10/4/1982, late Shri Brajvallabhdas had agreed to sell the portion of property which is marked in green color and after receiving full consideration amount had also handed over physical possession of the same. The sale deed was executed by Krishna Das in favor of the plaintiffs by registered sale deed dated 5/10/2010 after the death of his father late Brajvallabhdas. Thus the plaintiffs are also the owner and in possession of the property marked with green color in the plaint map. Plaintiffs are husband and wife and the defendants are also husband and wife. Defendant No.1 is the real sister of Plaintiff No.1. Thus, it is clear that plaintiffs and defendants are closely related to each other. Defendants have no concern with the property shown in red color and green color in schedule A and B of the plaint and defendant No.1 has no right or title to alienate the property shown in green color to the defenda