Order On Board

20/07/2023

1.

This appeal is arising out of judgment and decree dated 29/03/2001 passed by the 7th Additional District Judge, Raipur, CG in Civil Suit No.2A of 96 by which the suit filed by the plaintiff was allowed and decree of declaration of title of the suit property was granted and the defendants were restrained from interfering with the possession of the suit property.

The parties are referred to their original status in the trial Court.

2.

The suit, in nutshell, is that the disputed property is a house situated in village – Beltukri, for which suit for declaration and permanent injunction was filed. The case of the plaintiff before the learned trial Court was that the disputed house is the ancestral house of the plaintiff. The father of the plaintiff encroached upon some land adjacent to the house in which revenue proceedings were carried out and vide order dated 13/07/1970, the same was given to father of the plaintiff. After the death of the father, the descendants are the owner and title holder of the suit house. As per pleading of the plaint, defendants 2 to 5 are the Government officers of defendant No.1 and being influenced by defendants 6 to 13, they have pas