PUSHPLATA Vs. SUNIL KUMAR

JUDGEMENT

(1.) The present second appeal has been filed arising out of the judgment and decree dated 11.09.2015 passed by the Third Additional District Judge Shivpuri in Civil Appeal No. 20-A/2013 whereby the judgment and decree dated 24.10.2013 passed by Civil Judge Class - I, Kolaras, District Shivpuri in Civil Suit No. 7A/2012 has been affirmed with slight modification.

(2.) The plaintiffs have filed a civil suit with respect to agricultural land bearing survey No. 334 area being 1.808 hectare situated at village and Tehsil Kolaras District Shivpuri and land bearing survey No. 1315 area being 1.58 hectare situated in village Kumhraua, Tehsil Kolaras, District Shivpuri for declaration, partition and permanent injunction. It has been alleged in the plaint that the disputed land was of the ownership of late Ghasiram S/o Chotelal and in the land situated in village Kumhraua it was of joint ownership of Ghasiram and Sampat Bai W/o Chintulal. Chintulal and Ghasiram were brothers. Ghasiram died unmarried in the year 1988. He was having one sister Kapoori Bai. At the time of death of Ghasiram, Sampat Bai and Kapoori Bai were alive and they have no other legal heirs. Kapoori Bai died in 1997 and Sampat Bai died in 2010. After death of Ghasiram, Kapoori Bai has inherited the property by way of succession and after death of Kapoori Bai the property in question has inherited by the plaintiffs who are possession holder of the property. The plaintiffs received an information in the year 2009 that the defendants No. 1 and 2 are trying to sell the property showing them as owners and thereafter the plaintiffs applied for certified copies of revenue record and came to know that after death of Ghasiram, Sampat Bai has got her name entered in the revenue records on the basis of the Will and has got her name mutated on 11.06.90. It is further alleged that Sampat Bai has executed a sale deed in favour of her daughter Rajjo Bai on 11.3.99.

(3.) An appeal was filed challenging the mutation order dated 11.6.90 before the SDO which was rejected on 13.11.2009 against which an appeal was filed before the Commissioner Gwalior Division Gwalior which was allowed vide order dated 14.6.10. The defendants No. 1 and 2 preferred an appeal against the order of Commissioner before the Board of Revenue and the Board of Revenue vide its order dated 21.02.11 has affirmed the order passed by the Tehsildar dated 11.06.90.