Smt. Mohini Ratore vs Rahul Singh
2024 Latest Caselaw 6251 MP

Madhya Pradesh High Court

Smt. Mohini Ratore vs Rahul Singh on 29 February, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 2183 of 2023
                                        (SMT. MOHINI RATORE AND OTHERS Vs RAHUL SINGH AND OTHERS)

                         Dated : 29-02-2024
                                  Shri S. Kathar - Advocate for the appellants.

                                  Lower courts records are received.
                                  Heard n admission.
                                  At the outset, learned counsel for the appellants submits that the trial
                         court in C.S.No.27-A/2014 (Kailash Chandra and others Vs. Rahul Singh and

                         others) Judgment dated 24.6.2019 by leaving logic on issue No.1 has held that
                         ownership is proved, but has held that possession is not proved. He submits
                         that he is in possession and there is no rebuttal or contrary evidence on record.
                         The first appellate court has also failed to see the pleadings and evidence.
                                  After hearing the learned counsel on admission, appeal is admitted on the
                         following substantial questions of law:-

                                       "(a)    Whether in the view of the averments made in plaint
                                 read with admission of Defendant No.3 Mansoor Ali (D.W.-1) that
                                 he never took possession of suit land Plot No.15, the Court below

                                 erred in dismissing suit as not maintainable for want of relied of
                                 possession?
                                       (b)         Whether Plaintiffs have successfully proved their
                                 possession over the suit land on the basis of oral/documentary
                                 evidence available on record?"

                                  Issue notice to the respondents on payment of P.F. within seven working

days.

The question regarding temporary injunction and status quo shall be considered after the respondents are served and they appear before the Court.

(AVANINDRA KUMAR SINGH) JUDGE

nd