JUDGMENT :

1. This second appeal preferred by the appellant/plaintiff (now, his LRs.) was admitted for hearing on the following two substantial questions of law :-

“(1) Whether the Courts below have committed an error of law by dismissing the plaintiff's suit under Order 7 Rule 11 of the Code of Civil Procedure, 1908 ?

(2) Whether the Courts below are justified in holding that the plaintiff's suit is barred under Section 257 of the Chhattisgarh Land Revenue Code, 1959 ?”

[The parties will hereinafter be referred to as per their status given and ranking shown in the plaint before the trial Court.]

2. The suit land bearing Khasra No. 219/4 admeasuring 1.131 hectares is a part of the land bearing Khasra No. 219/1 total area 4.407 hectares. The said suit land is admittedly Government land reserved/earmarked for the purpose of grazing by the competent authority under the provisions of Section 237(1) of Chhattisgarh Land Revenue Code, 1959.

3. The original plaintiff Arjun Dubey i.e. father of the appellants herein filed an application before the Sub-divisional Officer (Revenue), Ramanujganj stating inter alia that though the land bearing Khasra No. 219/1 admeasuring 4.407 hectares is reserved