BADRILAL Vs. SURESH
LAWS(SC)-2021-10-84
SUPREME COURT OF INDIA
Decided on October 28,2021

BADRILAL Appellant
VERSUS
SURESH Respondents

JUDGEMENT

- (1.)Leave granted. The appellant Badrilal who is the third defendant has taken an exception to the Judgment and Order dated 3rd May 2019 passed by the learned Single Judge in Second Appeal preferred by him. The first respondent Suresh is the original plaintiff, the second respondent Ramkanya is the original first defendant and the third respondent State of Madhya Pradesh is the original second defendant.
(2.)Mangilal and Bhuwan Ji were real brothers. Ramkanyabai is the daughter of Mangilal. The first respondent Suresh along with Prakash and Dilip are the sons of Bhuwan Ji. Mangilal was the owner of the lands bearing Survey Nos. 37/03 and 109/01 admeasuring 1.30 Hectare and 0.130 Hectare respectively at village Jalod, Ratlam, Madhya Pradesh. The total area of the lands held by Mangilal was 1.430 Hectare i.e. 6 Bigha and 10 Biswa. According to the case of first respondent Suresh, Mangilal executed Will dated 6th May 2009. Mangilal died on 26th June 2009. Under the said Will, a bequest was made by the said Mangilal of an area of 3 Bigha and 10 Biswa to Ramkanya. The first defendant Suresh and his two brothers Dilip and Prakash were granted lands admeasuring 1 Bigha each under the said Will. Suresh and Ramkanya entered into a compromise deed/ agreement which recorded that Ramkanya will be entitled to 5 Bigha of land held by Mangilal and Suresh will be entitled 2 Bigha and 3 Biswa of land held by Mangilal. The said agreement was entered into on 12th May 2009. On 22nd February 2011, Ramkanya executed a sale deed by which she sold a land measuring 5 Bigha to appellant Badrilal.
(3.)Suresh filed a suit claiming that he was in possession of land admeasuring 2 Bigha and 3 Biswa out of land bearing Survey No. 37/03. Therefore, Suresh claimed perpetual injunction restraining the appellant - third defendant from interfering with his possession. A sale deed was executed by Ramkanya by which she sold land admeasuring 1.30 Hectare bearing Survey No.37/03 to the appellant Badrilal. Apart from claiming perpetual injunction, Suresh also prayed for a declaration that the sale deed dated 21st February 2011 is null and void as against him. The prayer regarding declaration in respect of the sale deed was added during the pendency of the suit as the sale deed dated 21st February 2011 was executed 7 days after the institution of the suit.


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