Jamna Prasad vs Mayank
2023 Latest Caselaw 16341 MP

                                                         1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                             ON THE 5 th OF OCTOBER, 2023
                                           SECOND APPEAL No. 1056 of 2023

                          BETWEEN:-
                          1.    JAMNA PRASAD S/O RAMKISHAN DUBEY, AGED
                                ABOUT 58 YEARS, OCCUPATION: FORMER R/O
                                BORAS ROAD UDAYPURA TAHSIL UDAYPURA
                                DISTRICT RAISEN (MADHYA PRADESH)

                          2.    BHAGWATSHARAN    S/O SHRI RAMKISHAN
                                DUBEY, AGED ABOUT 48 YEARS, OCCUPATION:
                                HOUSEWIFE R/O DHOULSHRI POST NORIYA
                                BARELI TEHSIL UDAYPURA DISTRICT RAISEN
                                (MADHYA PRADESH)

                                                                                  .....APPELLANTS
                          (BY SHRI RAM LALA SHUKLA - ADVOCATE)

                          AND
                          1.    MAYANK S/O SHRI JAMNA PRASAD DUBEY, AGED
                                ABOUT 34 YEARS, DISTRICT RAISEN (MADHYA
                                PRADESH)

                          2.    MANOJ S/O SHRI JAMNA PRASAD DUBEY, AGED
                                ABOUT 31 YEARS, GRAM DHEEMARDHANA
                                TEHSIL BARELI    JILA RAISEN   (MADHYA
                                PRADESH)

                          3.    STATE OF M.P. THROUGH COLLECTOR DISTRICT
                                RAISEN (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                          (BY SHRI SATISH PATERIYA - PANEL LAWYER FOR RESPONDENT
                          3/STATE)

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

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/6/2023 6:04:43 PM

This second appeal has been preferred by the appellants/defendants challenging the judgment and decree dated 28.01.2023 passed by Additional Judge to the Court of District Judge, Bareli, District Raisen in RCA No.14/2018, affirming the judgment and decree dated 08.08.2018 passed by Civil Judge Class-II, Udaipura, District Raisen in Civil Suit No.7-A/2016 whereby respondents 1-2/plaintiffs' suit for declaration of title, restoration of possession and mesne profit has been decreed.

2. Learned counsel for the appellants/defendants submits that the suit was filed on the basis of unregistered settlement deed dated 18.07.2000 (Ex.P/1) and compromise deed (Ex.P/2). Despite the fact that settlement deed

(Ex.P/1) is an unregistered document, learned Courts below have erred in decreeing the suit. He further submits that although by way of compromise deed (Ex.P/2) it was agreed that the land area 5 acres shall be given to the wife of defendant 1- Jamna Prasad namely Vinda Bai and her sons i.e. plaintiffs but with the rider that they shall not alienate it. But contrary to the terms of compromise/settlement arrived at between the parties, the plaintiffs intend to sell the property. With the aforesaid submissions he prays for admission of the second appeal.

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

4. It is an admitted fact that mother of plaintiffs namely Vinda Bai is legally wedded wife of plaintiffs (Mayank and Manoj) and there being matrimonial dispute between the parties, a compromise was arrived at between Vinda Bai and Jamna Prasad by way of document (Ex.P/2) which recites that maintenance of Vinda Bai and her sons shall be done by father of Jamna Prasad namely Ramkishan and the land an area 5 acres shall be given to Vinda Bai and

Signature Not Verified her sons but the land shall not be sold by them. In pursuance of such Signed by: SATTYENDAR NAGDEVE Signing time: 10/6/2023 6:04:43 PM

compromise arrived at between the parties before the Additional Chief Judicial Magistrate, Bareli the family settlement deed (Ex.P/1) was executed on 18.07.2000, which is signed by defendants - Jamna Prasad and Bhagwat Sharan also.

5. As such, the execution of settlement deed in pursuance of the compromise arrived at between defendant 1- Jamna Prasad and his wife Vinda Bai, is an admitted fact, therefore, for want of its registration it cannot be discarded from the evidence.

6. As against the rights given to Vinda Bai and plaintiffs by way of the aforesaid settlement deed (Ex.P/1) and compromise deed (Ex.P/2), the case of defendants has been that although the land and house was given to Vinda Bai and plaintiffs but it is not of their ownership because in place of the land and house they were given an equal amount in cash. This plea taken by the defendants has not been found proved by learned Courts below, and upon perusal of the entire record, this Court does not find any illegality in the findings recorded by learned Courts below.

7. So far as the apprehension shown by the counsel for the appellants regarding sale of the land in question by the plaintiffs, is concerned, in case of sale of property by the plaintiffs, the defendants are free to file a fresh civil suit seeking appropriate relief in pursuance of the recital made in the compromise

deed (Ex.P/2).

8. Accordingly, declining interference in the impugned judgment and decree passed by learned Courts below and with the aforesaid observation, this second appeal is dismissed in absence of any substantial question of law.

9. Pending application(s), if any, shall stand dismissed. Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/6/2023 6:04:43 PM

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 10/6/2023 6:04:43 PM