SMT SNEHLATA Vs. VISHAL

JUDGEMENT

(1.) The instant second appeal is preferred by the defendant being aggrieved by the judgment and decree of possession dtd. 25/9/2025 passed by 33rd District Judge, Indore (M.P.) in First Appeal RCA no. 22/2025, wherein the judgment and decree dtd. 22/10/2024 passed by the 4th Civil Judge, Senior Division, Indore (M.P.) in RCSA No. 489/2020 were reversed.

(2.) The short facts of the case are that Shikshak Kalyan Samiti allotted the subject plot No.1005, Sector-A, Sudama Nagar, Indore admeasuring 2800 sq.ft. to the father of Madhubala Kothari, who executed a power of attorney in favour of one Satish Chandra Gupta and Mr. Gupta executed an agreement to sale in favour of the appellant Snehlata / defendant on behalf of Madhubala Kothari on 21/6/1995 and in the municipal records, the name of appellant Snehlata was recorded. Thereafter, Madhubala Kothari through power of attorney and Sheela Gupta filed the suit for declaration and possession against the appellant Snehlata on the ground that the property is owned by Madhubala Kothari and the appellant Snehlata has not paid the full sale consideration as per the agreement, which was terminated by the seller on 25/4/2000 and the plot has been transferred through an agreement by Madhubala Kothari in favour of Sheela Gupta treating the possession of the appellant Snehlata as encroacher. During the pendency of the suit, a sale deed was executed in favour of Sheela Gupta by Shikshak Kalyan Samiti and the same was brought on record. The power of attorney holder Satish Chandra Gupta died during the pendency of the suit.

(3.) Madhubala Kothari filed the Writ Petition No. 10904/2010, which was disposed of by order dtd. 8/8/2011 permitting her to continue the suit, however she failed to appear in the Court and the Trial Court dismissed the suit on 7/9/2012. A review petition was filed by Sheela Gupta, which was also dismissed on 5/4/2013. Civil Revision No. 88/2013 was preferred by Sheela Gupta, however later on withdrew by order dtd. 13/10/2020. During the pendency of the civil revision, Snehlata Gupta executed a sale deed in favour of respondent / plaintiff Vishal Jaiswal, who filed the suit for possession, means profit and injunction against the present appellant on 4/9/2020. The learned Trial Court dismissed the suit by judgment and decree dtd. 22/10/2024 and counter claim of the appellant was also dismissed at the same time. The respondent preferred First Appeal No.RCSA No.22/2025 before the 33rd District Judge, Indore, which was allowed by the impugned judgment and decree dtd. 25/9/2025 and decree of possession has been passed in favour of the respondent. The appellant has preferred the present appeal assailing the judgment and decree passed by the First Appellate Court, whereby the judgment of the Trial Court has been reversed.