DHARAMVEER Vs. MAHARAJ SINGH DIED

JUDGEMENT

(1.) Appellants/original defendants No. 1 to 5 have filed this second appeal under Section 100 of C.P.C. against the judgment and decree dated 29.08.2017 passed by the First Additional District Judge, Shivpuri in regular Civil Appeal No.500025/14, whereby the judgment and decree dated 26.03.2014 passed by the Fourth Civil Judge, Class-II Shivpuri in Civil Suit No.17A/2013 was reversed.

(2.) The trial Court has dismissed the suit filed by the plaintiffs/present respondents No. 1 to 6 for declaration of title regarding their 2/9 share in the disputed agricultural land bearing survey Nos. 85,86,95,96 & 99 of village Bharka, Tehsil and District Shivpuri and for a perpetual injunction against the defendants, but the lower Appellate Court has decreed the plaintiffs' suit.

(3.) Original plaintiffs, who were L.Rs. of the two real brothers Maharaj Singh and Lalaram, resident of village Bharka filed suit on pleadings that the plaintiffs and original defendants No. 6 to 17 are owners and possession holders of the suit lands. The great grandfather of the plaintiffs, Paramsukh was real brother of Nathua and each brother was having 1/9 share in the disputed lands. After the death of Paramsukh, his son Goda and after the death of Goda his son Shreelal became title holders of his share and after the death of Shreelal plaintiffs are their successors. It was also pleaded that the above mentioned Nathua was having sole son named Salka, who died unmarried and issue- less, hence in the absence of any heirs of Salka, s/o Nathua, plaintiffs being sons of Salka's real uncle Paramsukh became owners and possession holders of the share of Salka in the disputed land, hence after the dearth of Salka, plaintiffs' share in the disputed lands became 2/9. Original defendants No. 1 to 4 are sons of Mishrilal Kirar, all resident of village Aakursi, Tehsil Pohri, District Shivpuri and the father of the above mentioned defendants, Mishrilal was having a real brother Bhagwanlal, who were sons of Salka, s/o Rajaram, r/o Aakursi, but the defendants No. 1 to 4 (Dharamveer, Aasharam, Om Prakash & Mahesh) got their mutation in revenue records by conspiracy with relating Patwari and Secretary of the relating Gram Panchayat, Jamkho showing them successors of Salka, S/o Nathua's share and got their mutation in the revenue records over 1/9 share in the disputed lands and thereafter sold the relating land to defendant No.5 Smt. Triveni Giri vide registered sale deed dated 29.11.2010. Such mutation and sale deed are totally illegal and void. On 19.02.2011, defendant No. 5 Smt. Triveni with defendants No. 1 to 4 threatened plaintiffs to dispossess from the disputed lands. Thereafter, plaintiffs got certified copy of the revenue records, then they became aware of the conspiracy and illegal proceedings committed by defendants No. 1 to 5. Plaintiffs did not seek any relief against defendants No. 6 to 18.