Madhya Pradesh High Court
Smt. Nirmala vs Rajendra Singh on 10 October, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:51432
1 SA-2693-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 10th OF OCTOBER, 2025
SECOND APPEAL No. 2693 of 2022
SMT. NIRMALA AND OTHERS
Versus
RAJENDRA SINGH AND OTHERS
Appearance:
Shri Akhilesh Kumar Singh - Advocate for the appellants.
Ms. Gouri Pathak - Panel Lawyer for respondent 8/State.
ORDER
This second appeal has been preferred by the appellants/plaintiffs
challenging the judgment and decree dated 27.08.2022 passed by Additional
Judge to the Court of District Judge, Bareli, District Raisen in RCA
No.41/2017 affirming the judgment and decree dated 27.09.2017 passed by
First Civil Judge Class-II, Udaipura, District Raisen in Civil Suit No.23-
A/2012 whereby both the Courts below have concurrently dismissed the
original plaintiff - Gopal Singh (Dead) through LRs' suit filed for declaration
of title and permanent injunction.
2. Learned counsel for the appellants/plaintiffs submits that the suit
land survey no.5/2 area 5.65 acres out of an area 34.27 acres is owned and
possessed by the plaintiff, which belonged to Bhawani Singh father of
plaintiff and defendants 5 to 8 which came in his share in family partition
dated 01.06.1971, however the entire land was got recorded in the revenue
record in the name of Mahendra Singh s/o Bhawani Singh and with a view to
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save the land from ceiling proceedings, Mahendra Singh s/o Bhawani Singh
sold the same to his father-in-law Shankar Singh and his brother Harnam
Singh on 18.01.1972 that too without receiving consideration, which being a
sham document does not confer any title to them. He submits that after death
of Bhawani Singh, his wife Gulab Kali remained in possession of suit land
and after her death on 11.06.1996 the partition was effected amongst the
plaintiff and defendants 5 to 8 in which each brother got 5.65 acres of land.
However, an area 5.02 acre was given to three sisters and one acre was gifted
by Bhawani Singh. He submits that Shankar Singh by taking advantage of
his name in the revenue record again sold some area of the land to the
defendant 4 vide registered sale deed dated 16.06.1999 and rest of the land
remained in their names. He submits that inspite of the aforesaid sale deed,
the plaintiff remained in possession, hence he has acquired title by adverse
possession also. He further submits that the aforesaid has been proved by the
plaintiff by adducing cogent and reliable oral and documentary evidence but,
Courts below without taking into consideration the same in its real
perspective committed an illegality in dismissing the suit. With these
submissions, he prays for admission of the second appeal.
3. Heard learned counsel for the appellants/plaintiffs and perused the
record.
4. Undisputedly, the sale deed was executed on 18.01.1972 by
Mahendra Singh in favour of Shankar Singh (whose LRs are defendants 1-2)
and Harman Singh defendant 3, whereas instant suit was instituted on
23.06.2001. It is well settled that title passes in favour of the vendee
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immediately upon due execution and registration of the sale deed.
5. Both the Courts below upon due consideration of the entire material
available on record and in view of no challenge to the sale deed for a long
period dismissed the suit holding the sale deed in question to be a validly
executed document. At the same time both Courts have also found the
defendants 1-4 to be in possession of the suit property.
6. Even after arguing at length, learned counsel for the appellants has
not been able to point out any illegality or perversity in the impugned
judgment and decree passed by Courts below.
7. Resultantly, in absence of any substantial question of law, this
second appeal fails and is hereby dismissed.
8. Pending application(s), if any, shall also stand disposed of.
(DWARKA DHISH BANSAL)
JUDGE
SN
