Neelu Bai vs Rajni Bai
2022 Latest Caselaw 644 MP

      THE HIGH COURT OF MADHYA PRADESH
                          SA. No.666/2021
         (Neetu Bai and Anr. Vs. Rajni Bai and Ors. )
                                                                         1

Jabalpur, Dated :13 / 01 / 2022
      Heard through Video Conferencing.
      Shri Sourabh Singh Thakur, learned counsel for the appellants.
       Heard on the point of admission.
      This Second Appeal has been filed under Section 100 of Code
of Civil Procedure against the judgment & decree dated 16.03.2021
passed by Additional Sessions Judge, Bairasiya, Distt. Bhopal in
RCA No. 49/2017, whereby learned ADJ dismissed the appellants'
(Defendants No.1&3 of the suit) appeal and affirmed the judgment
and decree dated 25.10.2017 passed by II Civil Judge Class-II
Bairasiya, Distt. Bhopal in Civil Suit No.140A/2014 whereby
learned learned Civil Judge partly allowed the plaint filed by the
respondents No. 1 to 3 ( plaintiffs' of the case) and declared that the

plaintiffs are the owner and occupier of the land bearing survey No.18 / 1 area 1.254 hectares and survey No. 35 /1 / 1 d area 2 hectares total area 3.254 hectares located at village Mankheri, Tehsil Baiasiya, Distt. Bhopal (hereinafter referred as suit land) and have ⅓ rd share each in the suit land and also declared that appellant no.1/Defendant no.1 has no share in that land besides declaring the sale deed dated 17.09.2013 executed by the appellant No.1 Neetu Bai ( defendant No.1 of the suit) in favour of appellant No.2 Mohammad Ishaq (defendant No. 3 of the suit) as null and void and also issued injunction against the appellant No.1 Neetu Bai to not interfere in the possession of the respondents'/plaintiff Nos. 1 to 3 in the suit land.

It appears from the record that Plaintiffs' who are the daughters of the Hari Singh and Smt Sharda Bai filed the civil suit averring that the suit land total area 3.254 hectares located at village Mankheri, Tehsil Baiasiya, Distt. Bhopal and the land survey no.36/1/1 area 3 acres total 8 acres of land earlier belonged to their parents after the death of their parents late Rajesh brother of the THE HIGH COURT OF MADHYA PRADESH SA. No.666/2021 (Neetu Bai and Anr. Vs. Rajni Bai and Ors. )

plaintiffs had sold the land survey no.36/1/1 area 3 acres out of the total 8 acres of land. Thus, Rajesh sold the land in excess of his share. So appellant no.1 /defendant no.1 widow of Rajesh has no share in the suit land and plaintiffs have 1/3- 1/3 rd share each in the suit land. But there is no document on record to show that the land survey no.36/1/1 area 3 acres was sold by the late Rajesh.

So the appeal is admitted for final hearing on the following point:- .

(a) Whether without any documents and other particulars to show that the land survey no.36/1/1 area 3 acres were sold by the late Rajesh. This fact can be found proved?

As regard to interim stay, from the revenue record prima facie it appears that the suit land earlier belonged to the Plaintiffs' parents, so they have a share in the suit land. Both the courts below have found proved that the respondents are in the possession of the suit land. It is also apparent that appellant no. 1 sold some part of suit land to appellant no.2 during pendency of the suit in violation of interim injunction order. So this court is not inclined to grant any interim protection in the favour of appellants without hearing the respondents.

On payment of the process fee within seven days, issue notice to the respondents returning within four weeks.

List the case after four weeks or service of notice on respondents whichever is earlier on the hearing of I.A. No. 3431/2021.

                                                          (Rajeev Kumar Dubey)
  sarathe                                                       Judge



Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2022.01.14
15:38:12 +05'30'