Raghvendra Singh (Deceased) S/O ... vs Ram Singh
2023 Latest Caselaw 9563 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 26 th OF JUNE, 2023
                                          SECOND APPEAL No. 3096 of 2018

                          BETWEEN:-
                          1.    RAGHVENDRA SINGH (DECEASED) S/O BHAGUN
                                SINGH, THROUGH ITS LEGAL REPRESENTATIVES:
                                A) SMT. MOHINI W/O LATE SHRI RAGHVENDRA
                                SINGH, AGED ABOUT 38 YEARS, OCCUPATION:
                                HOUSE WIFE

                          B.    KU. ARCHANA (MINOR) D/O LATE SHRI
                                RAGHVENDRA SINGH, AGED ABOUT 8 YEARS,

                          C.    KU. SALONI   (MINOR)   D/O  LATE    SHRI
                                RAGHVENDRA SINGH, AGED ABOUT 6 YEARS

                          D.    KU.    SHANTI  (MINOR)   D/O  LATE  SHRI
                                RAGHVENDRA SINGH, AGED ABOUT 4 YEARS
                                FROM A TO D, ALL R/O VILLAGE BACHRAWANI,
                                TEHSIL GHUWARA DISTRICT CHHATARPUR
                                (M.P.)

                          2.    RAJPAL SINGH S/O BHAGUN SINGH, AGED ABOUT
                                30 YEARS, R/O VILLAGE BACHRAWANI, TEHSIL
                                GHUWARA, DISTRICT CHHATARPUR (M.P.)

                          3.    SURENDRA SINGH S/O BHAGUN SINGH, AGED
                                ABOUT 27 YEARS, R/O VILLAGE BACHRAWANI,
                                TEHSIL GHUWARA, DISTRICT CHHATARPUR
                                (M.P.)

                          4.    SARASWATI D/O BHAGUN SINGH, W/O JAI HIND
                                SINGH, AGED ABOUT 30 YEARS, R/O RAM NAGAR
                                TEHSIL JATARA DISTRICT TIKAMGARH (M.P.)

                                                                            .....APPELLANTS
                          (BY SHRI SIDDHARTH GULATI AND       SHRI RAVINDRA SINGH -
                          ADVOCATES )

                          AND
                          1.    RAM SINGH S/O SHRI BUDDH SINGH, AGED
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 6/27/2023
7:33:19 PM
                                                         2
                                ABOUT 67 YEARS, R/O. VILL. BACHRAWANI TEH.
                                GHUWARA, DISTRICT CHHATARPUR (M.P.)

                          2.    AJMER SINGH S/O BUDDH SINGH, AGED ABOUT
                                52 YEARS, R/O VILLAGE BACHRAWANI, TEHSIL
                                GHUWARA DISTRICT CHHATARPUR (M.P.)

                          3.    NIRMAL KUMAR S/O KOMALCHAND JAIN, AGED
                                ABOUT 44 YEARS, R/O VILLAGE GHUWARA,
                                TEHSIL   GHUWARA DISTRICT CHHATARPUR
                                (M.P.)

                          4.    SHEELA W/O NATHTHU YADAV, AGED ABOUT 57
                                YE A R S , R/O VILLAGE PUTRIKHEDA TEHSIL
                                GHUWARA DISTRICT CHHATARPUR (M.P.)

                          5.    SHEELA @ SEETA W/O CHANDRABHAN YADAV,
                                AGED   ABOUT    42  YEARS, R/O VILLAGE
                                PUTHRIKHERA TEHSIL GHUWARA (MADHYA
                                PRADESH)

                          6.    BHANSINGH S/O HANUMAT SINGH, AGED ABOUT
                                52 YEARS, R/O VILLAGE BACHRAWANI TEHSIL
                                GHUWARA DISTRICT CHHATARPUR (M.P.)

                          7.    GANESH SINGH S/O HANUMAT SINGH, AGED
                                ABOUT 50 YEARS, R/O VILLAGE BACHRAWANI
                                TEHSIL   GHUWARA DISTRICT CHHATARPUR
                                (M.P.)

                          8.    ROOP SINGH S/O HANUMAT SINGH, AGED ABOUT
                                42 YEARS, R/O VILLAGE BACHRAWANI TEHSIL
                                GHUWARA DISTRICT CHHATARPUR (M.P.)

                          9.    THE STATE OF MADHYA PRADESH THROUGH
                                COLLECTOR CHHATARPUR (MADHYA PRADESH)

                          10.   HAKIM SINGH S/O BHAN SINGH R/O VILLAGE
                                BACHRAWANI,  TEHSIL GHUWARA, DISTRICT
                                CHHATARPUR (M.P.)

                                                                                 .....RESPONDENTS
                          (BY SHRI REZI MATHAI - PANEL LAWYER FOR THE STATE-RESPONDENT
                          9)

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

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 6/27/2023 7:33:19 PM

This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 24.11.2018 passed by 2nd Additional District Judge, Bijawar, District Chhatarpur in civil appeal no.28- A/2016, affirming the judgment and decree dated 17.08.2016 passed by 1st Civil Judge Class-II, Badamalhara, District Chhatarpur in civil suit no.41- A/2014, whereby learned Courts below have dismissed the plaintiffs' suit for declaration of title and permanent injunction in respect of the suit land filed by them claiming themselves to be exclusive Bhoomiswami and in possession and that the partition effected vide order dated 10.08.1998 as well as the sale deeds in question are ineffective and void.

2. Learned counsel for the appellants submits that the plaintiffs belong to ancestor Ishwar Singh, who was succeed by Jalam Singh and Jalam Singh had only one son Karan Singh, but learned learned Courts below have erred in holding that Buddh Singh and Hanumant Singh were brothers of Karan Singh. He submits that Karan Singh being the only son of Jalam Singh, the plaintiffs have succeeded the property from Karan Singh and they are exclusive Bhoomiswami and in possession. Accordingly, he submits that learned Courts below have not appreciated the evidence in that regard and erred in dismissing the suit. As such, he prays for admission of the second appeal.

3. Heard learned counsel for the appellants/plaintiffs and perused the record.

4. Upon perusal of the judgment and decree as well as the evidence available on record, it is clear that Jalam Singh had three sons namely; Karan Singh, Buddh Singh and Hanumat Singh, therefore, they were having 1/3-1/3 share each and accordingly, the land was divided by the revenue Court, in pursuance thereof the sale deeds in question were executed.

5. As the case put up by the plaintiffs to the effect that Karan Singh was the Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 6/27/2023 7:33:19 PM

only son of Jalam Singh, has not been found proved by learned Courts below, therefore, in the considered opinion of this Court, no error appears to have been committed by learned Courts below in dismissing the suit.

6. Resultantly, this second appeal having no substantial question of law involved in it, fails and is hereby dismissed in limine under Order 41 rule 11 CPC. However, no order as to the costs.

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

(DWARKA DHISH BANSAL) JUDGE pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 6/27/2023 7:33:19 PM