The court affirmed that possession based on a valid Patta grants legal title, and mere possession by others does not confer rights against the lawful titleholder.

JUDGMENT :

Naresh Kumar Chandravanshi, J.

1. This second appeal has been preferred by the appellants/defendants No.1 & 2 under Section 100 of the Code of Civil Procedure, 1908 , challenging the judgment and decree dated 07.01.2020 (Annexure-A/1) passed by Upper District Judge, Gharghoda, Distt. Raigarh (CG) in Civil Appeal No.25/2019, whereby it has set aside the judgment and decree dated 14.5.2019 (Annexure-A/2) passed by Additional Civil Judge to the Court of First Civil Judge Class-II, Gharghoda Distt. Raigarh (CG) in Civil Suit No.7A/2012 wherein, the civil suit filed by the plaintiff for declaration of absolute title and possession, to get possession of encroached land and cancellation of Order dated 17.8.2011 passed by Sub Divisional Officer (Revenue), Gharghoda and permanent injunction in respect of land mentioned in ‘Schedule A’ annexed with the plaint, has been rejected.

(For sake of convenience, the parties would be referred hereinafter as per their status before the trial Court)

2. Facts of the case, as projected by the plaintiff are that, the plaintiff filed civil suit stating inter alia that State Government has granted Patta in respect of land bearing Khasra No. 484, area 0.429 hectare land (for short ‘the suit land) situated in village Salihabhath, Patwari Halka No. 32, Police Station and tehsil-Tamnar, district Raigarh to the plaintiff for about 25-30 years ago and the plaintiff has been in possession and right over the said suit land since the said period. Defendant No. 1 Amar Prasad, defendant No. 2 Bundram and defendant No. 3 Raviram Gond (deceased) entered into the suit land illegally and unauthorisedly and started construction. The said construction was carried out by the defendants even after the plaintiff had forbidden them from doing the said work. To remove the possession made by the defendants on the suit land, the plaintiff filed a revenue case before Tehsildar, Tamnar. As per the Order of the Tahsildar, Tamnar, concerned Revenue Inspector and Halka Patwari demarcated the disputed land in the presence of the parties and in the said demarcation, it was found that Amar Prasad had constructed a garden on 41x31 meters and a house on 26x30 meters on the suit land, and Bundram had constructed a garden on 24x32 meters and a house on 18x19 meters and Raviram Gond had constructed a house on 27x13 meters on the suit land. Thereafter, vide Order dated 12.10.2009 passed by the Tehsildar Tamnar, they were directed to remove their encroachment. Against said order of Tahsildar Tamnar, defendants No. 1 and 2 filed an appeal before Sub- Divisional Officer (Revenue), Gharghoda and vide order dated 17.08.2011, SDO (Revenue) set aside the order passed by Tehsildar Tamnar on the ground that the plaintiff has not presented the Patta of the land in question and has filed said application after five years. Against the said order, the plaintiff filed an appeal before the Commissioner, Bilaspur Division which is pending. Since the plaintiff is in possession of the suit land for last 25-30 years and his name has been recorded in the revenue records, hence, he filed civil suit for declaration of his absolute title and possession, to get possession of encroached land and cancellation of Order dated 17.8.2011 passed by Sub Divisional Officer (Revenue), Gharghoda and permanent injunction in respect of land mentioned in ‘Schedule A’ annexed with the plaint.

3. Defendants No.1 to 3 have jointly filed their written statement denying most of the allegations made in the plaint. It has been alleged that the State Government granted Patta to landless persons and the plaintif