Rajkumari vs Smt. Chandrakiran Shrivastava
2024 Latest Caselaw 6430 MP

Madhya Pradesh High Court

Rajkumari vs Smt. Chandrakiran Shrivastava on 1 March, 2024

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          SA No. 1091 of 2015
                                     (RAJKUMARI AND OTHERS Vs SMT. CHANDRAKIRAN SHRIVASTAVA AND OTHERS)

                           Dated : 01-03-2024
                                   Shri Janak Lal Soni - Advocate for the appellants.

                                   Shri Ram Prasad Khare - Advocate for respondents no.1, 2 and 3.

Ms. Priyanka Jain- Panel Lawyer for the State.

Heard on admission.

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

"(i) Whether the learned Courts below held that the suit land was the Government land granted on lease to Gyasia @ Gyasi Ahirwar and Punuwa Ahirwar has not obtained permission of the Collector to transfer the suit land, therefore, the learned Courts below ought to have been held the sale deed dated 17.07.1995, 08.08.1995 and 04.12.2010 to be null and void and not binding on the plaintiffs/appellants.

(ii) Whether the Courts below committed error of law failed to consider that when original owner was the grandfather of the appellant, who acquired the suit land. Therefore, after his death, the property inherited by his son and grandson jointly and the suit land in the hands of the appellant being ancestral property, one of the co-owner Punuwa Ahirwar has no right to transfer the whole property without consent of the other co-owners, the appellants.

(iii) Whether the learned Lower Appellate Court wrongly reversed the well reasoned findings of the learned Trial Court and thus, the judgment and decree passed by the Lower Appellate is illegal and perverse, based on misappreciation of facts and law."

Issue notice to the respondents on payment of process fee within seven days.

List for final hearing in due course.

I.R. (if any) shall remain in operation till the next date of hearing.

(GAJENDRA SINGH) JUDGE

HK