Mahendranath vs M.P. Grah Nirman Mandal
2023 Latest Caselaw 3693 MP

                                                         1
                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 2 nd OF MARCH, 2023
                                             SECOND APPEAL No. 232 of 2021

                            BETWEEN:-
                            1.    MAHENDRANATH S/O LATE AYUGNARAYAN
                                  TRIPATHI, AGED ABOUT 78 YEARS, OCCUPATION:
                                  PVT. JOB H.NO. M.B. 124 NEW INDIRA COLONY
                                  BHURANPUR MP (MADHYA PRADESH)

                            2.    OMPRAKASH S/O LATE HARI CHOUBEY, AGED
                                  ABOUT 58 YEARS, OCCUPATION: RETID. HOUSE
                                  NO. M.B 125 NEW INDIRA COLONY (MADHYA
                                  PRADESH)

                            3.    PUNDLIK S/O LATE TAPIRAM AMBEDKAR, AGED
                                  ABOUT 79 YEARS, OCCUPATION: RETID. HOUSE
                                  NO. M.B 125 NEW INDIRA COLONY (MADHYA
                                  PRADESH)

                            4.    VIRENDRA S/O MATADEEN SWARNKAR, AGED
                                  ABOUT 72 YEARS, OCCUPATION: RETID. HOUSE
                                  NO. M.B 120 NEW INDIRA COLONY (MADHYA
                                  PRADESH)

                            5.    KAMAL S/O KAPOORCHAND JAIN, AGED ABOUT
                                  58 YEARS, OCCUPATION: SERVICE HOUSE NO.
                                  M.B 119 NEW INDIRA COLONY (MADHYA
                                  PRADESH)

                            6.    PARESH S/O MOHAN KUMARE LAAD, AGED
                                  ABOUT 56 YEARS, OCCUPATION: PVT. JOB HOUSE
                                  NO. M.B 117 NEW INDIRA COLONY (MADHYA
                                  PRADESH)

                            7.    JAGANAATH S/O RAMCHANDRA LOKHANDE,
                                  AGED ABOUT 70 YEARS, OCCUPATION: REITD.
                                  HOUSE NO. M.B 118 NEW INDIRA COLONY
                                  (MADHYA PRADESH)

                            8.    BHAGWAT S/O KISAN MAHAJAN, AGED ABOUT 65
                                  YEARS, OCCUPATION: REITD. HOUSE NO. M.B 102
                                  NEW INDIRA COLONY (MADHYA PRADESH)
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 3/3/2023
11:42:13 AM
                                                           2
                            9.     NANDKISHORE S/O PRATAP CHAND SHAH, AGED
                                   ABOUT 56 YEARS, OCCUPATION: SERVICE HOUSE
                                   NO. M.B 101 NEW INDIRA COLONY (MADHYA
                                   PRADESH)

                            10.    PRITHVILAL   S/O   RAMSWAROOP      GUPTA
                                   OCCUPATION: BUSNESSE HOUSE NO. M.B 99 NEW
                                   INDIRA COLONY (MADHYA PRADESH)

                                                                                          .....APPELLANTS
                            (BY SHRI DILIP PARIHAR, ADVOCATE)

                            AND
                            1.     M.P. GRAH NIRMAN MANDAL THR. NEAR
                                   DESHARA MAIDAN ARERA COLONY BHOPAL MP
                                   (MADHYA PRADESH)

                            2.     THE COMMISSIONER M.P GRAH NIRMAN
                                   M A N D A L NEAR DESHARA MAIDAN AREA
                                   COLONY (MADHYA PRADESH)

                            3.     THE EXECUTIVE ENGINEER M.P GRAH NIRMAN
                                   MANDAL DISTT. KHANDWA (MADHYA PRADESH)

                            4.     THE ASSISTANT ENGINEER M.P GRAH NIRMAN
                                   M ANDAL INDRA COLONY BURANPUR (MADHYA
                                   PRADESH)

                            5.     THE      COLLECTOR B U R H A N P U R DISTT.
                                   BURHANPUR (MADHYA PRADESH)

                            6.     THE DIRECTOR SARVAJANIK BABA NANAK
                                   SINDHI SEVA TRUST NEW INDIRA COLONY
                                   BHURANAPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                            (BY SHRI P.K. GOUTAM, 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 plaintiffs/appellants challenging the judgment & decree dtd. 03.12.2019 passed by 1st Additional District Judge, District Burhanpur in Civil Appeal No. 12-A/2019 affirming/modifying the Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/3/2023 11:42:13 AM

judgment & decree dtd. 31.01.2018 passed by 2n d Civil Judge Class-1, Burhanpur, District Burhanpur in Civil Suit No.62-A/2016, whereby learned trial Court due to lapse of period of 3 years mentioned in the lease deed dtd. 10.08.2009 held the same to be ineffective and void and not binding on the plaintiffs and at the same time, decreed the suit for permanent injunction to the effect that the defendants shall not use the land in question for different purpose other than community hall, for which it is reserved.

2. Upon challenge being made by the defendant 6, in whose favour the lease deed (Ex.P/13) was executed, learned first appellate Court has partly allowed the appeal, however, restrained the defendants 1-4 from using the land in question for different purpose other than the community hall for which it was reserved.

3. By filing the second appeal, the plaintiffs have challenged the judgment & decree dtd. 03.12.2019 passed by first appellate Court.

4. Learned counsel appearing for the appellants/plaintiffs submits that although learned first appellate Court has affirmed the judgment & decree of trial Court with regard to the use of the land in question only for the purpose of community hall but has modified the decree with respect to lease deed dtd. 10.08.2009, in the garb of which the defendants may change the use of land. Accordingly, he prays for admission of the second appeal.

5. The case of the defendants 1-4 before the Courts below has been that the land in question is earmarked for the purpose of construction of community hall and only for the purpose of construction of community hall the land has been allotted to the defendant 6 but the plaintiffs themselves are creating hurdles in construction of the community hall.

Signature Not Verified

6. Accordingly, in my considered opinion, in the light of concurrent judgment Signed by: KUMARI PALLAVI SINHA Signing time: 3/3/2023 11:42:13 AM

& decree passed by learned Courts below and in view of the contention of the defendants 1-4 in respect of use of the disputed land only for the purpose of construction of community hall for which the land was earmarked, there is no necessity to declare the lease deed (Ex.P/13) null and void.

7. As such, there being no substantial question of law involved in the present second appeal, the same deserves to be and is hereby dismissed.

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

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 3/3/2023 11:42:13 AM