CAV JUDGMENT

Per Bibhu Datta Guru

1. Challenge in the present appeal is to the Judgment and decree dated 23/11/2021 passed in Civil Suit No. 47 A/2013 by the IIIrd Additional District Judge, Raipur, whereby the suit preferred by the plaintiff/respondent No. 1 was decreed in his favour and rejected the counter claim preferred by Defendant No.1/appellant herein.

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

2. (i) The facts which are essential for adjudication of this appeal are that Plaintiff- Surendra Sah instituted a civil suit against the defendants claiming ownership and possession over the disputed property i.e. House LIG 76, slice 2 situated at Veer Savarkar Nagar, Hirapur, Raipur, Chhattisgarh (for short ‘the disputed property’), also seeking a declaration that the sale deed executed (Ex.D-6) on 05/09/2012 by defendant No.2 in favour of defendant No.1 as null and void, and for granting permanent injunction over the suit property. Defendant No.1 has also filed a counterclaim against the disputed property and has sought reliefs i.e. recovery of Rs. 1,70,000/- with interest, possession over the d