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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Parvati Bai, D/o. Late Mohan – Appellant
Versus
State of Chhattisgarh, Through The Collector District Bilaspur, Chhattisgarh – Respondent
JUDGMENT :
RAVINDRA KUMAR AGRAWAL, J.
1. The present second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the plaintiff against the impugned judgment and decree dated 12.09.2016 passed by learned Additional District Judge Pendra Road, District Bilaspur in Civil Appeal No. 18-A/2015, whereby the first appeal filed by the plaintiff though has been dismissed, however, the judgment and decree passed by learned trial Court has also been set aside.
2. The present second appeal has been admitted on 22.10.2024 on the following substantial question of law:
“Whether first appellate Court exceeded its jurisdiction by setting aside the judgment and decree passed in favor of plaintiff whereas that part was not challenged by plaintiff by filing appeal and no cross-appeal was filed by defendants? ”
3. The plaintiff had filed civil suit against the defendants before the learned trial Court for declaration of his title over half share of the suit land total area 2.818 hectare of 20 different khasra numbers situated at village Parasi, Patwari Halka No. 5, Tahsil Marwahi, District Bilaspur, declaring the sale deed dated 20.04.2010, 17.06.2011 and 30.12.2011 are null and v
An appellate court cannot set aside a trial court's decree favoring a party without a challenge from the opposing party, ensuring the principle of finality in unchallenged judgments.
The appellant failed to prove her possession over the suit properties. The lower Appellate Court rightly held that under Section 178(A) of the MP Land Revenue Code, she has no right to claim any shar....
A suit for declaration of title must seek possession to be valid; relief beyond pleadings is impermissible.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
Concurrent findings of the trial court and first appellate court are binding unless demonstrated to be perverse; appeals under Section 100 cannot disturb established facts without substantial questio....
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