USHA Vs. SARUBAI
LAWS(MPH)-2022-8-88
HIGH COURT OF MADHYA PRADESH (FROM: JABALPUR)
Decided on
August 24,2022
USHA
Appellant
VERSUS
SARUBAI
Respondents
Referred Judgements :-
STATE OF KERALA VS. MOHD. KUNHI [REFERRED TO]MADHAVAN NAIR VS. BHASKAR PILLAI [REFERRED TO]
HAJAZAT HUSSAIN VS. ABDUL MAJEED [REFERRED TO]
RAM SINGH AND OTHERS VS. KAPOORIBAI [REFERRED TO]
EXECUTIVE OFFICER VS. CHANDRAN [REFERRED TO]
PARMAL SINGH (DEAD) THROUGH L.RS. AND OTHERS VS. GHANSHYAM [REFERRED TO]
SMT NEELAWWA VS. SMT SHIVAWWA [REFERRED TO]
SANTOSH HAZARI VS. PURUSHOTTAM TIWARI [REFERRED TO]
K RAJ VS. MUTHAMMA [REFERRED TO]
KANTI DEVI VS. POSHI RAM [REFERRED TO]
THIAGARAJAN VS. VENUGOPALASWAMY B KOIL [REFERRED TO]
COMMISSIONER HINDU RELIGIOUS and CHARITABLE ENDOWMENT VS. P SHANMUGAMA [REFERRED TO]
HARDEO RAI VS. SAKUNTALA DEVI [REFERRED TO]
PEETHANI SURYANARAYANA VS. REPAKA VENKATA RAMANA KISHORE [REFERRED TO]
VISHWANATH SITARAM AGRAWAL VS. SARLA VISHWANATH AGRAWAL [REFERRED TO]
UNION OF INDIA VS. IBRAHIM UDDIN [REFERRED TO]
GURNAM SINGH (D) BY LRS. AND OTHERS VS. LEHNA SINGH (D) BY LRS [REFERRED TO]
VINEETA SHARMA VS. RAKESH SHARMA [REFERRED TO]
JUDGEMENT
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(1.)The appellants / defendants having lost in both the courts below have filed the instant appeal.
(2.)The instant Second appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the appellants / defendants being aggrieved by the judgment and decree dtd. 25/2/2013 passed by First Additional District Judge, Chhindwara (MP) in Civil Appeal No.30-A/12, whereby learned First Appellate Court has affirmed the judgment and decree dtd. 7/8/2009 passed by First Civil Judge Class-I, Chhindwara (MP) in Civil Suit No.21-A/08.
(3.)The facts of the case, succinctly stated are that the respondents no. 1 to 7 / plaintiffs filed a suit for declaration of the land bearing khasra no.570/7 area 0.085 hectare situated in Mouja Chhindwara, district Chhindwara to be undivided joint Hindu Family property and also for partition of 1/7th share in the land in dispute in favour of the respondents no. 1 to 7 / plaintiff separately because no partition has taken place. Claim in the suit was based on the allegation that the suit property was jointly owned by one Pandhari, Eknath and Sarubai and was not partitioned. Thereafter, the suit property devolved upon the respondents no. 1 to 7, however, name of the respondents no. 1 to 7 was not mutated in the revenue records. However, fraudulently, sale deeds dtd. 26/7/1991 and 23/10/1998 were got executed in favour of the respondent no.10 and the appellants, respectively. It was further alleged that the appellants are trying to take possession of the suit property and raise construction thereon.
(2.)The instant Second appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the appellants / defendants being aggrieved by the judgment and decree dtd. 25/2/2013 passed by First Additional District Judge, Chhindwara (MP) in Civil Appeal No.30-A/12, whereby learned First Appellate Court has affirmed the judgment and decree dtd. 7/8/2009 passed by First Civil Judge Class-I, Chhindwara (MP) in Civil Suit No.21-A/08.
(3.)The facts of the case, succinctly stated are that the respondents no. 1 to 7 / plaintiffs filed a suit for declaration of the land bearing khasra no.570/7 area 0.085 hectare situated in Mouja Chhindwara, district Chhindwara to be undivided joint Hindu Family property and also for partition of 1/7th share in the land in dispute in favour of the respondents no. 1 to 7 / plaintiff separately because no partition has taken place. Claim in the suit was based on the allegation that the suit property was jointly owned by one Pandhari, Eknath and Sarubai and was not partitioned. Thereafter, the suit property devolved upon the respondents no. 1 to 7, however, name of the respondents no. 1 to 7 was not mutated in the revenue records. However, fraudulently, sale deeds dtd. 26/7/1991 and 23/10/1998 were got executed in favour of the respondent no.10 and the appellants, respectively. It was further alleged that the appellants are trying to take possession of the suit property and raise construction thereon.
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