Decided on March 01,2021

KAMLA DEVI Respondents


ANJULI PALO,J. - (1.) This second appeal has been filed by the appellant/plaintiff being aggrieved by the judgment and decree dated 30.07.2020, passed by the First Addl. District Judge, Mauganj District Rewa (MP) in Regular Civil Appeals No. 44A/2017 and 40A/2017 arising out of the judgment and decree dated 19.05.2017, passed by the Second Civil Judge, Class II, Mauganj, District Rewa in Civil Suit No. 44A/2013.
(2.) The appellant/plaintiff's case is that she belongs to the family of Baramdeen Singh and Trilok Singh who are real brothers. In the year 1980, the suit property was mutually partitioned between them including property bearing Khasra No. 464/1 admeasuring 0.12 acre land. 0.06 acre of land was received by both Trilok Singh and Baramdeen Singh individually. Appellant/plaintiff is the daughter of Baramdeen. Trilok Singh had no children therefore, appellant/plaintiff resided with him as his daughter and received his share in the suit property by Batwara Pulli dated 05.02.2006. She contended that since 1982, appellant/plaintiff was in possession of the suit lands and resided in the house situated on Khasra No. 464/1. In the year 2009, Trilok Singh ousted her from the said house and locked the premises. He lodged a complaint against her in the police station. As the suit property was recorded in the name of Trilok Singh, he sold the suit land No.2 through registered sale deed in favour of respondents No. 2 to 4. Appellant/plaintiff has alleged that she is in possession of the disputed lands, therefore, Trilok Singh has no right to transfer the suit property. Hence, the appellant/plaintiff claimed that the aforesaid sale deeds and mutation of names of respondent No. 2 to 4 over the suit lands be declared null and void. She also prayed for declaration of title over the disputed lands situated at village Sarai Sengar, Tehsil Mauganj, District Rewa bearing Khasra Nos. 447/2, 464/1, 563, 425, 429, 430, 240, 237, 248, 448, 465 total area admeasuring 5.36 acres. She further prayed to declare the mutation order dated 30.09.2010 null and void and issue permanent injunction restraining the interference of the respondents over the aforesaid lands.
(3.) Respondents denied the appellant's contentions and submitted that, suit property was under the joint possession of Baramdeen Singh and Trilok Singh. Bhaiyyalal Singh was the son of Baramdeen Singh who died in the year 2008 and Baramdeen Singh died in the year 2012. Dharmendra Singh is the son of Bhaiyyalal. The entire property was partitioned between Dharmendra Singh and Trilok Singh on 04.05.2010. Consequently, Trilok Singh received his share in the suit property, therefore, he has the right to transfer his share. Accordingly, he sold his properties to respondents No. 2 to 4. They also contended that appellant has no right in the properties, hence, the appellant is not entitled for any of the relief claimed by her.;

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