Mukundi vs Smt. Devki
2023 Latest Caselaw 15450 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           SA No. 144 of 2022
                                                (MUKUNDI AND OTHERS Vs SMT. DEVKI AND OTHERS)

                           Dated : 20-09-2023
                                    Shri J.L. Soni - Advocate for the appellants.

                                    Shri Gajendra Parashar - Panel Lawyer for the respondent No.10/

State.

Learned Civil Judge, Class I, Chattarpur in Civil Suit No.35-A/2016, vide judgment and decree dated 5.12.2017 dismissed the civil suit.

Learned First Appellate Court in Civil Appeal No.05-A/2022 dismissed the appeal.

The instant appeal is admitted on the following substantial questions of law :-

"(1) Whether the learned lower Appellate Court wrongly shifted the burden on the defendants / appellants to prove that the alleged sale deed dated 01.06.1968 has not been executed by Pyari Dulaiya or the sale deed is not a genuine document when the Revenue Authority already held that the sale deed is a fictitious document, therefore, name of Vrindavan Lodhi directed to be deleted from Revenue Record. Therefore, the burden was on the plaintiffs/ respondent No. 1 to 5 to prove this fact that the sale deed was executed by Pyari Dulariya and it is genuine document ?

(2) Whether the lower Appellate Court failed to consider that Ramsahay was a son of Gorelal and Pyari Dulaiya has acquired the right, title and interest from her husband Gorelal. Therefore, Pyari Dulaiya having no right to transfer the whole property to Vrindavan Lodhi as Ramashay being her son, has equal right with Pyari Dulaiya ?"

Issue notice to the respondents of appeal as well as substantial questions of law and I.A.No. 426/2022 on payment of P.F. within seven working days, Signature Not Verified Signed by: VIKRAM SINGH Signing time: 22-09-2023 17:12:29

returnable within six weeks.

Till the next date of hearing, parties shall maintain status quo in respect of the suit property.

(AVANINDRA KUMAR SINGH) JUDGE

Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 22-09-2023 17:12:29