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2025 Supreme(Chh) 331

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Naresh Chouhan S/o Late Adalat Chouhan – Appellant
Versus
Ganesh Chouhan S/o Late Adalat Chouhan – Respondent


Advocates Appeared:
For the Appellants : H.B. Agrawal, Sandhya Rao, Ravindra Sharma, Bhanwar Lal Parakh, Sandeep Patel,
For the Respondent: Alok Bakshi

JUDGMENT :

PARTH PRATEEM SAHU, J.

1. Since both these appeals arise out of a common judgment and decree dated 28.07.2017 passed in Civil Suit No. 6757-A/2013, by learned Fourth Additional District Judge, Durg, they are heard together and are being decided by this common judgment.

2. For the sake of convenience, the parties will be referred to according to their respective status before the Trial Court.

3. First Appeal No.403 of 2017 is filed by defendant No.1 to 3 challenging the finding recorded by the learned trial Court, whereby learned trial Court decreed the suit in favour of the plaintiff to the effect that plaintiff is entitled for rent to the extent of 1/4 share of plot No.3 and 4, situated at Village Supela, Nehru Road and rent of seven shops situated on Plot No.A-6 situated at Akashganga Industrial Area.

4. First Appeal No. 483/2017 is filed by plaintiff challenging the judgment and decree on the ground of dismissing the claim of plaintiff for receipt of arrears of rent of Rs.1,04,000/-.

5. Facts relevant for disposal of this appeal are that plaintiff filed a civil suit seeking relief of declaration that defendants No.1 to 3 are bound to give share of 1/4 of rent received from

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