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IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL

SECOND APPEAL NO. 1015 OF 2004

Between:-

1.

SMT. RAMKALI (DEAD) BY LRS:-

1(a)

ANAND KISHORE SHUKLA, AGED ABUT 51 YEARS,

S/O RAM KISHORE SHUKLA, WARD NO.29, NEAR

HAJARI CHAURAHA, PANDEN TOLD, HUZUR, REWA

DISTRICT REWA.

2.

BRIJKISHORE SHUKLA S/O SHRI RAMKISH SHUKLA,

AGED ABOUT 41 YEARS,

3.

SHYAMKISHORE SHUKLA, S/O SHRI RAMKISHORE

SHUKLA, AGED ABOUT 37 YEARS,

4.

KRISHNAKISHORE SHUKLA, S/O SHRI RAM KISHORE

SHUKLA, AGED ABOUT 37 YEARS,

ALL ARE RESIDENT OF PANDENTOLA DISTRICT REWA (M.P.)

…………..APPELLANTS

(BY SHRI SANKALP KOCHAR - ADVOCATE)

AND

1.

SMT. MURITKUMARI (DEAD) BY LRS:-

(a)

GOPAL KRISHAN PANDEY, S/O SRISHAN PRASAD

PANDEY, AGED ABOUT 37 YEARS, R/O VILLAGE

PAHARI, TEHSIL – BARA, DISTRICT ALLAHABAD (U.P.)

(b)

SHYAM KRISHAN PANDEY, S/O KRISHAN PRASAD

PANDEY, AGED ABOUT 40 YEARS, R/O VILLAGE

PAHARI, TEHSIL – BARA, DISTRICT ALLAHABAD (U.P.)

2.

MUS. SUKHARZUA (DEAD)

2

3.

STATE OF M.P. THROUGH COLLECTOR, REWA (M.P.)

………...RESPONDENTS

(SHRI ASHOK LALWANI – ADVOCATE FOR L.RS OF RESPONDENT

NO.1 AND SHRI AKHIL SINGH ADVOCATE FOR PROPOSED

RESPONDENT ANIKET SINGH MENTIONED IN I.A. NO.13089/2013)

………………………………………………………………………………………

Reserved on

:

07.07.2022

Delivered on

:

20.07.2022

………………………………………………………………………………………

This appeal coming on for final hearing this day, the Court passed

the following:

J U D G M E N T

1.

This second appeal has been filed by the appellants/defendants

challenging the judgment and decree dated 24.06.2004, passed by 6^th

Additional District Judge (Fast Track Court) Rewa in Civil Appeal No.43-

A/04 whereby confirming the judgment and decree dated 28.01.2000,

passed by 5^th Civil Judge Class-II, Rewa, in Civil Suit No.225-A/1998

whereby the suit filed for declaration of 1/3rd share in the land survey

no.204 area 0.85 acre situated in village (Mauja) Padra was decreed.

2.

The facts in short are that, the land in question belonged to

deceased-Vindheshwari Prasad, who was succeeded by his wife Mst.

Sukhrajua (defendant 1) and two daughters Smt. Ramkali (defendant 2)

and Smt. Murtikumari (plaintiff). The defendants 3-5 are sons of

defendant 2-Smt. Ramkali. Vindheshwari Prasad died on 12.09.1988,

leaving behind him the land survey No.204 area 0.85 acre, situated in

Village (Mauja) Padra, Tehsil Huzur, Distrit Rewa. It is alleged in the

plaint that after death of Vindheshwari Prasad, the plaintiff and defendants

1-2 are having 1/3rd share each and the defendants 3–6 or any other person

have no right and Vindheshwari Prasad never executed any deed of

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transfer/agreement or Will. It is also alleged in the plaint that the husband

of defendant 2–Ramkali got a false and fabricated agreement (Ex.D-1)

prepared and thereafter, got fabricated a Will (Ex.D-2) and on that basis

tried to get the name of defendants 3–5 mutated over the land in question.

On inter alia allegations, the plaintiff prayed for declaration that she is

Bhoomiswami over 1/3rd share and in possession.

3.

The defendants 2–5 filed written statement denying the plaint

allegations and contended that Vindheshwari Prasad in his life time

executed a Will on 23.08.1988 in favour of defendants 3-5 and after death

of Vindheshwari Prasad, they are Bhoomiswami and in possession of the

land in question. It was also contended that neither the plaintiff nor

defendants 1–2 are owner or in possession and are not entitled for any

declaration. It was also contended that the suit land is a residential plot in

which two houses and boundary wall is constructed which are having

value of about Rs.9 lacs. Accordingly, it was contended that the suit has

not been valued properly and the learned Court has no pecuniary

jurisdiction.

4.

The defendant 1 also filed written statement admitting the plaint

allegations and contended that Vindheshwari Prasad never executed any

Will (Ex.D-2) i