Madhya Pradesh High Court
Umashankar Pandey vs Basant Rao Through Legal Heirs ... on 13 June, 2023
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 13 th OF JUNE, 2023
SECOND APPEAL No. 1635 of 2022
BETWEEN:-
1. UMASHANKAR PANDEY S/O SHRI DWARKA
PRASAD PANDEY, AGED ABOUT 56 YEARS, R/O
VILLAGE KHAGAMAU TEHSIL SEHORA DISTRICT-
JABALPUR (M.P.)
2. RAMASHANKAR PANDEY S/O DWARKA PRASAD
PANDEY, AGED ABOUT 52 YEARS, R/O VILLAGE
KHAGAMAU TEHSIL SEHORA DISTRICT-
JABALPUR (M.P.)
3. GIRIJA PRASAD PANDEY S/O DWARKA PRASAD
PANDEY, AGED ABOUT 42 YEARS R/O VILLAGE
KHAGAMAU TEHSIL SEHORA DISTRICT-
JABALPUR (M.P.)
4. RAM KUMAR S/O DWARKA PRASAD PANDEY,
AGED ABOUT 38 YEARS, R/O VILLAGE
KHAGAMAU TEHSIL SEHORA DISTRICT-
JABALPUR (M.P.)
5. GITABAI PANDEY S/O DWARKA PRASAD PANDEY,
AGED ABOUT 58 YEARS, R/O VILLAGE
KHAGAMAU TEHSIL SEHORA DISTRICT-
JABALPUR (M.P.)
6. UMA BAI S/O DWARKA PRASAD PANDEY, AGED
ABOUT 38 YEARS, R/O VILLAGE KHAGAMAU
TEHSIL SEHORA DISTRICT- JABALPUR (M.P.)
7. REKHA BAI PANDEY S/O DWARKA PRASAD
PANDEY, AGED ABOUT 42 YEARS, R/O VILLAGE
KHAGAMAU TEHSIL SEHORA DISTRICT-
JABALPUR (M.P.)
Signature Not Verified
SAN
.....APPELLANTS/DEFENDANTS
(BY SHRI SURYA PRAKASH PATHAK - ADVOCATE )
Digitally signed by VAISHALI AGRAWAL
Date: 2023.06.14 12:02:39 IST
AND
2
1. BASANT RAO S/O LATE SHRI BAPURAM
PALDHIKAR THROUGH LEGAL HEIRS
A- YASHOVARDHAN PALDHIKAR S/O BASANT
RAO PALDHIKAR R/O 535 COD COLONY
ADHARTAL JABALPUR (M.P.)
B- SHASHIBHUHAN PALDHIKAR S/O BASANT RAO
R/O 535 COD COLONY ADHARTAL JABALPUR
(M.P.)
C- SHALINI DATTALKAR S/O BASANT RAO
PALDHIKAR R/O 535 COD COLONY ADHARTAL
JABALPUR (M.P.)
2. STATE OF MADHYA PRADESH THROUGH
COLLECTOR DISTRICT JABALPUR (M.P.)
.....RESPONDENTS/PLAINTIFF
(BY SHRI RAKESH KUMAR KESHARWANI - ADVOCATE )
(BY SHRI ANUBHAV JAIN - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NO.2/STATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This appeal under Section 100 of C.P.C. has been filed by the appellant
being aggrieved by the judgment and decree dated 14.06.2022 passed by
learned 3rd District Judge, Sehora, District Jabalpur, in Civil Appeal No.25/2018
arising out of judgment and decree dated 15.10.2018, passed by the Ist Civil
Judge Class-II Sehora District Jabalpur in Civil Suit no. 21A/2018, whereby the
suit filed by the respondent/plaintiff has been allowed. Appellants/defendants
preferred an appeal against the said order which was dismissed by learned 3rd
District Judge, Sehore.
2. The respondent/plaintiff has filed a Civil Suit before the learned Civil Judge
Signature Not Verified
Class II Sehora for declaration and permanent injunction of the suit land
SAN
Digitally signed by VAISHALI AGRAWAL
situated at village Khagamau Khitaula Patwari Halka No.75 Teh Sehore District-
Date: 2023.06.14 12:02:39 IST
Jabalpur bearing Khasra No.6 area 2.9 hect., on the ground that he inherited the
suit property from his Uncle, Balkrishna. It was further submitted that one
Balkrishna S/o Devraj Paldhikar was unmarried and he was the elder brother of
the father of respondent No.1/plaintiff and grandfather of the respondent No.2
and he left home in 1996 and never come back to his home. Thereafter, plaintiff
has filed a civil suit for the declaration of civil death that suit was decided on
15.09.2015. It is also submitted that suit land was allotted to Balkrishna
Paldhikar by Bhoo Dan Yojna but after the civil death, the plaintiff has filed an
application for the mutation of the suit land before Tehsildar Sehore but on that
application, appellant/defendant has filed the objection and Tehsildar has
mutated the land on the basis of will and passed the order dated 23.08.2017 in
favour of present appellants/defendants.
3. The appellants/defendants has also filed written statement before the Civil
Judge in Civil suit that the Balkrishna Paldhikar was executed a registered will in
favour of the appellant's father Dwarkar Prasad Pandey, who was the disciple
of the Balkrishna Paldhikar. It is also submitteed that Balkrishna Paldhikar who
was residing with the appellant's father and he was caring of Balkrishna
Paldhikar and the registered will in his favour,
4. From a perusal of the record, it is seen that the trial Court has considered
the pleadings of the parties and framed the issues on the basis of rival stand.
The First Appellate Court also has considered the evidence and materials
available on record.
5. Both the Courts below have concurrently found that plaintiff/respondent has
proved their case and found that as per provisions of Madhya Pradesh
Signature Not Verified
SAN Bhoodan Yagna Act, 1953 (hereinafter referred to as the "Act, 1953") the
Digitally signed by VAISHALI AGRAWAL
Date: 2023.06.14 12:02:39 IST
person to whom land is allotted, shall not transfer any interest in the land and
rights of the holder shall on his death pass to his heirs. It is found that as per the
provisions of the Act, 1953, no will could be executed by the holder. Both the
Courts below have concurrently arrived on ever-findings in the light of
provisions of Madhya Pradesh Bhoodan Yagna Act, 1953.
6. In view of aforesaid discussion it is not proper and legally justified to
interfere with the concurrent findings of fact arrived at by learned Trial Court
and the First Appellate Court on a pure question of fact. In Second Appeal, the
re-appreciation of evidence and interference with the findings of fact is not
permissible. This Court can interfere with the concurrent findings only when a
Substantial Question of law arises. If the Courts below have neither ignored any
material fact, nor has considered any inadmissible evidence, then this Court
cannot interfere with the concurrent findings of fact.
7. In view of the aforesaid, the concurrent findings of fact arrived at by two
Courts below do not suffer from any illegality or infirmity. In these
circumstances, the appeal being devoid of merit and is accordingly dismissed at
the stage of motion.
(RAJENDRA KUMAR (VERMA))
JUDGE
vai
Signature Not Verified
SAN
Digitally signed by VAISHALI AGRAWAL
Date: 2023.06.14 12:02:39 IST
