ANGAD SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants/original defendants No.1, 2, 3 and 10 have filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30.06.2014 passed by the Second Additional District Judge, Umaria in regular Civil Appeal No.18-A/2014 affirming the judgment and decree dated 30.06.2012 passed by the First Civil Judge, Class-I, Umaria in Civil Suit No.9-A/2009, whereby the suit filed by present respondent No.2 Shobhelal/plaintiff was partially decreed in relation to declaring suit lands except the land bearing survey No.460/02 of village Pinora, Tahsil Bandavgarh, of joint ownership of plaintiff and original defendants No.1 to 10 and the mutation order dated 22.12.1991 and another revenue order dated 29.03.2003 to be illegal and void.

(2.) Plaintiff/present respondent No.2 Shobhelal filed plaint on 02.02.2009 before the trial Court on pleadings that the agricultural lands bearing survey Nos.145, 256, 421, 422, 431 and 460/02 of village Pinora of Tahsil Bandavgarh were of joint-ownership of two brothers Paramdas and Rohni Prasad. Plaintiff Shobhelal and original defendants No.1 to 6 and No.10 Duijee Bai were LRs of Paramdas, whereas original defendants No.7 to 9 are LRs of Rohni Prasad and this suit lands are possessed by above-mentioned plaintiff and defendants, but original defendant No.1 Angad Sahu and No.2 Daddu Sahu illegally got their names mutated on 22.12.1991 in mutation register regarding lands bearing survey Nos.145, 431 and 421. Thereafter, above-mentioned original defendants No.1 and 2, on the basis of mutual partition in a relating revenue case, got their mutation on the lands bearing survey Nos.256/1, 422/1 and 421/1 illegally, whereas the suit lands belonged jointly by Paramdas and Rohni Prasad and suit lands were not divided between Paramdas and Rohni Prasad. Abovementioned defendants got their mutation secretly without any legal rights. Thus, it was prayed that the disputed lands be declared of joint-ownership of original plaintiff Shobhelal and original defendants No.1 to 10 and the order dated 22.12.1991 recorded in mutation register and the order passed by the Nayab-Tahsildar Karkeli of District Umaria dated 29.03.2003 passed in relating revenue case be declared void and illegal against the interest of plaintiff and relating defendants be restrained from alienating the suit lands by any mode. No any relief was claimed against the original defendant No.11 State of M.P.

(3.) Original defendants No.1, 2, 3 and 10 pleaded in their joint written statement filed before the trial Court that the ancestral agricultural lands were divided between Rohni Prasad and Paramdas about 60 years ago before births of plaintiff and defendants and Rohni Prasad and Paramdas each was possessing the agricultural lands fallen in his share, but their joint names remained recorded in revenue records. Ancestral lands were bearing survey Nos.145, 431 and 421. Thereafter, Rohni Prasad sold his share in agricultural lands to his brother Paramdas. Thereafter, according to family settlement, Paramdas gave some lands in share of his two sons original defendants No.1 Angad and No.2 Daddu and got their mutation in revenue records. The plaintiff Shobhelal also in the year 1979-80 received his share in lands from his father Paramdas and started living separately from the joint family of his father and other brothers. Paramdas had partitioned his ancestral and self-acquired property between his five sons original defendants No.1 to 5 in his lifetime. Paramdas had also purchased the agricultural lands bearing survey No.22 of village Mohgawan in the names of his two sons plaintiff Shobhelal and original defendant No.1 Angad and plaintiff Shobhelal had sold the above-mentioned lands of village Mohgawan and thereafter has filed this suit for illegally capturing the lands of his other brothers. Plaintiff is not entitled for any relief.