Ghondul Sahu, died vs Bisan Sahu S/o Shri Ghondul Sahu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Chh) 202

HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, Sachin Singh Rajput, JJ
Ghondul Sahu, died – Appellant
Versus
Bisan Sahu S/o Shri Ghondul Sahu – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Vivek Tripathi, Advocate
For the Respondent:Mr. Shreshta Gupta, Advocate Ms. Nand Kumari Kashyap, Panel Lawyer

Table of Content
1. defendants' claims of self-acquisition (Para 4)
2. trial court's findings (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. ancestral property rights (Para 14)
4. appeal outcome (Para 15)

Judgment :

(Rajani Dubey, J.)

Challenge in this appeal under Section 96 of Code of Civil Procedure is to the legality and validity of the judgment and decree dated 10.8.2018 passed by the Additional District Judge, Gariyaband in Civil Suit No.26A/2015 whereby the suit of the plaintiff has been allowed. (Parties shall hereinafter be referred to as per their description before the trial court.)

02. The admitted facts in this case are that Defendant No.1 Ghondul Sahu is son of Mukundi Sahu. Plaintiff Bisan Sahu, defendant No.2 Doman Sahu and defendant No.5 Bhanupratap Sahu are sons of defendant No.1 whereas minor defendant No.3 Chhatrapal is son of defendant No.2 Doman Lal Sahu and defendant No.4 Smt. Geeta bai is wife of defendant No.2. Defendant No.1 Ghondul has only 0.55 hectare of agricultural ancestral land of Khasra No.1670 situate at Village-Teka. On 13.5.2015 defendant No.1 Ghondul sold 0.360 hectare of land bearing Khasra No.291 situate at Village-Loharsi in favour of defendant No.