Madhya Pradesh High Court
Banshilal Patidar vs Prahlad Patidar on 12 February, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 12th OF FEBRUARY, 2024
SECOND APPEAL No. 902 of 2023
BETWEEN:-
BANSHILAL PATIDAR S/O ONKARLAL, AGED ABOUT 77
YEARS, OCCUPATION: AGRICULTURIST CURRENT RAM
1.
NAGAR, SUTHOLI TEHSIL JAVAD DISTRICT NEEMUCH
(MADHYA PRADESH)
PARSHURAM PATIDAR S/O ONKARLAL, AGED ABOUT 69
2. YEARS, OCCUPATION: AGRICULTURE RAM NAGAR
SUTHELI, TEH. JAWAD DIST. NEEMUCH (MADHYA PRADESH)
.....APPELLANTS/DEFENDANTS
(MR. SUNIL KUMAR YADAV, ADVOCATE FOR APPELLANTS)
AND
PRAHLAD PATIDAR S/O ONKARLAL, AGED ABOUT 57 YEARS,
1. OCCUPATION: AGRICULTURIST GRAM DARU TEHSIL AVM
DISTRICT NEEMUCH (MADHYA PRADESH)
RANGLAL PATIDAR S/O ONKARLAL, AGED ABOUT 55 YEARS,
2. OCCUPATION: AGRICULTURE GRAM DAARU, TEH. AVAM
DIST. NEEMUCH (MADHYA PRADESH)
RADHESHYAM PATIDAR S/O ONKARLAL PATIDAR, AGED
3. ABOUT 49 YEARS, OCCUPATION: AGRICULTURE GRAM
DAARU, TEH. AVAM DIST. NEEMUCH (MADHYA PRADESH)
KANHAIYYALAL PATIDAR S/O ONKARLAL PATIDAR, AGED
4. ABOUT 61 YEARS, OCCUPATION: AGRICULTURE GRAM
DAARU, TEH. AVAM DIST. NEEMUCH (MADHYA PRADESH)
MADHYA PRADESH SHASAN DWARA JILADHISH MAHODAY
5.
NEEMUCH, DIST. NEEMUCH (MADHYA PRADESH)
.....RESPONDENTS/PLAINTIFFS
(MRS.VARSHA THAKUR, ADVOCATE FOR RESPONDENT/STATE)
This appeal coming on for orders this day, the court passed
2
the following:-
ORDER
Appellants/defendants have preferred this appeal under
Section 100 of Code of Civil Procedure, 1908, against the
judgment and decree dated 01.03.2023 passed by Principal District
Judge, Neemuch, District-Neemuch (MP) passed in Regular Civil
Appeal No.34/2021 arising out of the judgment and decree dated
05.12.2019 passed in Civil Suit No.23-A/2016 passed by Civil
Judge, Class-II, Junior Division, Neemuch, District-Neemuch
(MP) by which the judgment and decree passed by the trial court
has been partly allowed and the suit filed by the
appellants/defendants have been dismissed.
(2) The facts of the case is that the appellants/defendants filed
the civil suit for declaration, title and permanent injunction in
respect of agricultural land bearing survey nos.364, raqba0.520 ari,
368, raqba 0.520 and 499 raqba 0.220, total raqba-1.040 situated in
village Daru and in survey no.499 mean 1 raqba 0.220 ari in
respect of 1/6-1/6 (suit land) and has stated that the plaintiffs and
defendants are equally possession and title holders of the suit
property and defendants are in possession with the consent of
plaintiffs and plaintiffs gave notice to the defendants for seeking
partition of the suit land but the defendants denied that the
plaintiffs filed the suit for partition and declaration of title and
seeking possession of the suit land.
(3) The appellants/defendants denied all the averments and has
pleaded that the suit land was in the possession of defendants and
they are title holders of the suit land, thus, the lease came in the
share of defendants by way of partition between all the share
holders, so there is no right in the suit land as regards claim of
respondents/plaintiffs. Hence prays for rejection of the suit.
(4) The trial court has framed the issues and on the basis of
pleadings of both the parties has adduced the evidence of the
parties and has dismissed the suit by stating that the
respondents/plaintiffs are not title holders of the suit land.
(5) Being aggrieved by the judgment and decree passed by the
trial court, the appellants/defendants has filed the appeal before the
first appellate Court and the first appellate Court has affirmed the
judgment and decree passed by the trial Court and has dismissed
the appeal filed by the defendants.
(6) Counsel for the appellants/defendants has submitted that the
judgments passed by trial court and first appellate court are illegal
and perverse and are not based on proper appreciation of evidence.
The trial court as well as first appellate court have failed to
consider the oral and documentary evidence produced by the
appellants. The trial court as well as first appellate court has erred
in dismissing the suit and the findings recorded by first appellate
court and trial court is perverse and illegal and is against the
evidence available on record.
(7) I have heard counsel for the appellants/defendants and have
perused the original record of the case file with due care.
(8) From the perusal of the record of trial court and first
appellate court, it appears that the plaintiffs have filed the suit for
seeking partition of the suit land from the defendants and therefore
burden lies upon the plaintiffs to prove the case that the suit land
was not partitioned between the plaintiffs and defendants.
(9) Considering the evidence of the trial Court record, it was
found that the plaintiffs have admitted before the trial Court that
partition has been done between the parties and the suit land was
in the share of respondents and looking to the aforesaid evidence
the first appellate court and trial court has given the concurrent
finding that the appellants/defendants have failed to prove their
title over the suit land.
(10) Hence, considering the judgment of first appellate Court as
well as trial Court, no fault can be found with the judgment and
decree passed by the Courts below by dismissing the suit and
appeal filed by the appellants/defendants. The concurrent findings
recorded by first appellate court and trial court are based on proper
appreciation of oral and documentary documents available on
record and do not suffer from any perversity or material
irregularity, warranting interference by this Court.
(11) In such circumstances, no substantial questions of law arises
for consideration in the present appeal. The appeal being devoid of
merits and is accordingly dismissed in limine. No order as to
costs.
(12) Certified copy, as per Rules.
(HIRDESH)
Arun/- JUDGE
ARUN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, ou=HIGH COURT
OF MADHYA PRADESH BENCH INDORE,
2.5.4.20=d5b56e3de75e7828ced1a96bc4f0
1804c3ea1f0a5497e4019e41c0a82cbabbf0,
NAIR
postalCode=452001, st=Madhya Pradesh,
serialNumber=192F2423E128DC1CC004D
D8FF22B3F2FFC3D1EF75981FCBEF3B2B76
823F270F7, cn=ARUN NAIR
Date: 2024.02.29 19:03:33 +05'30'
