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2022 Supreme(Chh) 179

NARENDRA KUMAR VYAS
Bisahu Ram, son of Pyarelal – Appellant
Versus
Raj Kumar Rathore, Son of late Shri Sukhru Sao – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Somnath Verma, Advocate
For the Respondent:Mr. Rajkumar Pali, Dr. Nirmal Shukla, Mr. Shailendra Shukla, Mr. Arjit Tiwari, Mr. A.K. Mishra, Advocate

JUDGMENT :

1. This is plaintiff's first appeal against the judgment and decree passed by third Additional District Judge, Janjgir Champa passed in Civil Suit No. 58-A/2016, by which Civil Suit filed by the plaintiffs for declaration of title and permanent injunction has been rejected.

2. Brief facts necessary for disposal of this appeal are that the plaintiffs have filed the suit contending that the suit land situated at village Siladehi, total khasra numbers 14, area 4.53 acres is ancestral property of plaintiffs. (For the sake of brevity it be referred to as suit property). After separation of revenue record the suit land has been recorded in the name of Panchram. Genealogy tree has also been mentioned in the plaint. It is contended that Panchram and Guruwari Bai were issueless whereas Goverdhan and others are sons of Laxman, who was elder brother of Panchram. They have separated the revenue record which was imaginary and in fact there was no actual partition between Governdhan and Panchram. Governdhan and plaintiffs were in possession of the entire ancestral property. Since, Panchram and Guruwari Bai have become old, they are being looked after by the plaintiff. Later on, Panchram

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