Mehervan Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 21479 MP

Madhya Pradesh High Court

Mehervan Singh vs The State Of Madhya Pradesh on 7 August, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                 1                               SA-658-2017
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                    ON THE 7 th OF AUGUST, 2024
                                                  SECOND APPEAL No. 658 of 2017
                                            MEHERVAN SINGH AND OTHERS
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri J.L Soni - Advocate for the appellants.
                              Shri Reji Mathai - Panel Lawyer for respondent/State.

                                                                  ORDER

This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 15.05.2017 passed by District Judge, Raisen, in RCA No.14/2017 affirming the judgment and decree dated 03.02.2017 passed by 2nd Civil Judge Class-I, Raisen, in RCSA No.1900071/2014 whereby Courts below have concurrently dismissed the plaintiffs' suit for declaration of title and permanent injunction in respect of the suit land.

2. Learned counsel for the appellants submits that Sardar Singh and Lokpal Yadav were owner of the suit property. Sardar Singh vide agreements of sale dated 02.11.2015 (Ex.P/1 & Ex.P/2) sold the land area 30x60 = 1800 sq.ft. & 30x60 = 1800 sq.ft. to the plaintiffs 1-2 and Lokpal Yadav vide agreement of sale dated 10.06.2016 (Ex.P/3) sold 30x50 = 1500 sq.ft. land to plaintiff 3. As such, the plaintiffs are in possession of the land.

3. Learned counsel submits that as Sardar Singh and Lokpal Yadav

2 SA-658-2017 were in possession since prior to the year 1959 and the plaintiffs who have stepped into the shoes of Sardar Singh and Lokpal Yadav, have acquired title by adverse possession and Courts below have committed illegality in dismissing the suit.

4. Learned counsel appearing for the respondents supports the impugned judgment and decree and prays for dismissal of the second appeal.

5. Heard learned counsel for the parties and perused the record.

6. Learned Courts below have upon due consideration of the material available on record, held that the plaintiffs have not been able to prove their possession or the possession of their predecessors namely, Sardar Singh and Lokpal Yadav, therefore, there is no question of acquisition of title on the

land in question by adverse possession.

7. Upon perusal of the entire record, this Court does not find any infirmity in the judgment and decree passed by Courts below.

8. Resultnatly, for want of any substantial question of law, this second appeal fails and is hereby dismissed.

9. Misc. application(s), pending if any, shall stand closed .

(DWARKA DHISH BANSAL) JUDGE

SN