MUKHANIA Vs. AMARCHAND & ORS

JUDGEMENT

(1.) The second appeal under Section 100 of CPC has been filed against the judgment and decree dated 22/3/2002 passed by Fourth Additional District Judge (Fast Track Court) Shivpuri in Civil Appeal No. 83-A/1996 renumbered as Civil appeal No. 10-A/2002 thereby affirming the judgment and decree dated 18/10/1996 passed by Civil Judge Class I Karera, District Shivpuri in Civil Suit No. 7A/1987.

(2.) This appeal has been admitted by order dated 1/2/2006 on the following substantial questions of law:-

(3.) The necessary facts for the disposal of the present appeal in short are that the respondent No. 1/plaintiff filed a civil suit for declaration of title and permanent injunction. It was the case of the plaintiff that the plaintiff has 1/6th share in the land in dispute i.e. survey No. 836 area 0.46 hectare, survey No. 849 area 0.56 hectare, survey No. 850 area 0.58 hectare, survey No. 853 area 0.54 hectare, survey No. 1078 area 0.07 hectare, survey No. 1079 area 0.08 hectare, survey No. 1097 area 0.35 hectare, survey No. 1201 area 0.26 hectare, survey No. 1300 area 0.33 hectare total ad-measuring 3.23 hectares situated in village Vangawan, Tahsil Karera, District Shivpuri. Similarly, land situated in village Langoori Tehsil Karera District Shivpuri, bearing survey No. 250 area 0.23 hectare, survey No. 255 area 0.30 hectare, survey No. 256 area 0.15 hectare, survey No. 257 area 0.03 hectare, survey No. 280 area 0.05 hectare, survey No. 281 area 0.04 hectare, survey No. 287 area 0.09 hectare, survey No. 288 area 0.17 hectare, survey No. 302 area 0.19 hectare, survey No. 304 area 0.22 hectare, survey No. 373 area 0.84 hectare, survey No. 374 area 1.43 hectare, survey No. 378 area 0.32 hectare, survey No. 393 area 0.18 hectare, survey No. 394 area 0.02 hectare, survey No. 395 area 0.32 hectare, survey No. 396 area 0.43 hectare, survey No. 399 area 0.35 hectare, survey No. 400 area 0.32 hectare, survey No. 401 area 0.26 hectare, survey No. 402 area 0.46 hectare total ad-measuring 6.40 hectares. The property in dispute has been mentioned in detail in paragraphs 2 and 3 of the plaint. The property mentioned in para 2 and 3 of plaint shall be referred as "disputed property". In the disputed property mentioned in para 3 of the plaint, the plaintiff has claimed 1/2 share. It was further pleaded that one house of Ghansu is situated in village Langoori Tehsil Karera District Shivpuri and the details of this property are given in paragraph 4 of the plaint. It was pleaded that Ghansu S/o Deena is the owner of the property in dispute. The plaintiff was looking after Ghansu and Ghansu was also treating the plaintiff like his son. It was pleaded that the plaintiff was residing along with Ghansu in the house and was cultivating the disputed agricultural lands. However, the date of partition is not known to the plaintiff. It was further pleaded that on 8/1/1985, Ghansu executed a "Will" in favour of the plaintiff and got it registered in the office of the Registrar Karera District Shivpuri and the "Will" was executed without any coercion or force. Ghansu has expired about a year back and the plaintiff got the exclusive possession of the disputed property as well as the house after the death of Ghansu by virtue of the "Will" and now nobody else has any right or title over the disputed property. It was further pleaded that the appellant (defendant) is the keep of Ghansu and, therefore, she does not have any right or title over the property in dispute. The defendant, in connivance with other villagers, is trying to grab the property of the plaintiff. Defendant No. 1/appellant has executed a sale deed in respect of the house without the information and knowledge of the plaintiff and, therefore, the defendants do not acquire any right or title on the basis of the said forged sale deed. The defendants, on 1/11/1986 informed the plaintiff that they had purchased the property by a registered sale deed and threatened the plaintiff. Thereafter, the suit was filed for declaration of title and permanent injunction.