Smt. Sankhi vs Tulsi Das Chamar
2023 Latest Caselaw 798 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 13 th OF JANUARY, 2023
                                          SECOND APPEAL No. 481 of 2015

                          BETWEEN:-
                          1.    SMT. SANKHI W/O LATE SHRI DASUA CHAMAR,
                                AGED ABOUT 76 YEARS, VILLAGE SAKARIYA
                                TEHSIL RAGHURAJ NAGAR, DISTRICT SATNA
                                (MADHYA PRADESH)

                          2.    MOLWA CHAMAR S/O LATE SHRI DASUA
                                CHAMAR, AGED ABOUT 49 YEARS, VILLAGE
                                SAKARIYA TEHSIL RAGHURAJ NAGAR, DISTRICT
                                SATNA (MADHYA PRADESH)

                          3.    BHEJWA CHAMAR S/O LATE SHRI DASUA
                                CHAMAR, AGED ABOUT 41 YEARS, VILLAGE
                                SAKARIYA TEHSIL RAGHURAJ NAGAR , DISTRICT
                                SATNA (MADHYA PRADESH)

                          4.    PINTU CHAMAR S/O LATE SHRI DASUA CHAMAR,
                                AGED ABOUT 33 YEARS, VILLAGE SAKARIYA
                                TEHSIL RAGHURAJ NAGAR, DISTRICT SATNA
                                (MADHYA PRADESH)

                                                                            .....APPELLANTS
                          (BY SHRI RAVENDRA SHUKLA-ADVOCATE)

                          AND
                          1.    TULSI DAS CHAMAR S/O SHRI RAM GARIB
                                CHAMAR, AGED ABOUT 49 YEARS, VILLAGE
                                SAKARIYA TEHSIL RAGHURAJ NAGAR , DISTRICT
                                SATNA (MADHYA PRADESH)

                          2.    SAMAYA LAL S/O SHRI RAM GARIB CHAMAR,
                                AGED    ABOUT     46   YEARS, OCCUPATION:
                                CULTIVATION   AND    LABOURER    VILLAGE
                                SAKARIYA TEHSIL RAGHURAJ NAGAR , DISTRICT
                                SATNA (MADHYA PRADESH)

                          3.    RAM NIVASH CHAMAR S/O SHRI RAM GARIB
                                CHAMAR, AGED ABOUT 42 YEARS, VILLAGE
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 1/16/2023
11:20:55 AM
                                                       2
                                SAKARIYA TEHSIL RAGHURAJ NAGAR , DISTRICT
                                SATNA (MADHYA PRADESH)

                          4.    RAMESH PRASAD CHAMAR S/O SHRI TIRRA
                                CHAMAR, AGED ABOUT 76 YEARS, VILLAGE
                                SAKARIYA TEHSIL RAGHURAJ NAGAR , DISTRICT
                                SATNA (MADHYA PRADESH)

                          5.    STATE OF MADHYA PRADESH THR. COLLECTOR,
                                SATNA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI MANOJ KUMAR SINGH-PANEL LAWYER FOR RESPONDENT
                          5/STATE)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This second appeal has been preferred by defendants 1-4 challenging the judgment and decree dated 08.01.2015 passed by 7th Additional District Judge, Satna in RCA No.47-A/2014, reversing the judgment and decree dated 29.11.2013 passed by 7th Civil Judge Class-II, Satna in civil suit No.33-A/2012, whereby learned trial court dismissed the civil suit filed by respondents 1- 3/plaintiffs and while allowing the counter claim declared the sale deed dated 04.09.1980 (Ex.P/1) null and void and in appeal the civil suit has been decreed and counter claim has been dismissed.

2 . Learned counsel for the appellants/defendants 1-4 submits that learned first appellate court has erred in reversing the judgment and decree and in decreeing the suit on the basis of sale deed dated 04.09.1980 (Ex.P/1) which infact was executed in exchange of the land survey no.57, regarding which an agreement was executed on 04.09.1980 (Ex.D/6), but later on the plaintiffs' mother Mst. Chunki did not execute the sale deed in pursuance of the agreement dated 04.09.1980. He submits that infact in pursuance of the sale

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/16/2023 11:20:55 AM

deed (Ex.P/1) and agreement (Ex.D/6) no possession was delivered to the parties. Accordingly, he prays for admission of the second appeal.

3. Heard learned counsel for the parties and perused the record.

4. From bare perusal of record it appears that, vide registered sale deed dated 04.09.1980 (Ex.P/1) one Buddha who is grand father of defendants 1-4 executed registered sale deed of the disputed lands and after receipt of consideration, possession was also handed over, which on the basis of unregistered agreement dated 04.09.1980 (Ex.D/6) executed by Mst. Chunki in favour of Dasua could not have been declared null and void by allowing the counter claim filed by the defendants. It is well settled that after registration of sale deed, title passes to the purchasers. If the defendants 1-4 were claiming on the basis of unregistered agreement dated 04.09.1980 (Ex.D/6) themselves to be owner and in possession of the land survey no.57, they could file the suit/counter claim within appropriate limitation or for getting executed registered sale deed in pursuance of such agreement which undisputedly has not been filed after 04.09.1980 till date.

5. In view of the aforesaid, learned first appellate court does not appear to have committed any illegality in passing the impugned judgment and decree, decreeing the suit filed by the respondents 1-3 and in dismissing the counter claim filed by the appellants/defendants 1-4.

6. Resultantly, the second appeal fails and is hereby dismissed in limine under Order 41 Rule 11 CPC.

7. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE Signature Not Verified Signed by: SWETA SAHU Signing time: 1/16/2023 11:20:55 AM

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Signature Not Verified Signed by: SWETA SAHU Signing time: 1/16/2023 11:20:55 AM