NAFR HIGH COURT OF CHHATTISGARH, BILASPUR SA No. 74 of 2011

1. Jailal (Died) Through Lrs. As Per Honble Court Order Dated 15-

02-2021.

1(A). Dashni Bai Wd/o Late Jailal Aged About 75 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh

1(B). Ramanand S/o Late Jailal Aged About 60 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

1(C). Lalman S/o Late Jailal Aged About 55 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

1(D). Lakshman S/o Late Jailal Aged About 48 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

1(E) Devan S/o Late Jailal Aged About 45 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

1(F). Gulab Chandra S/o Late Jailal Aged About 42 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

1(G). Silochni Bai W/o Jairam Mohra Aged About 40 Years R/o Village Mohra, District Korea Chhattisgarh.

1(H). Kishmat Bai W/o Ramashankar Aged About 35 Years R/o Village Kelhari, Tahsil Manendragarh, District Manendragarh.

2. Bhaiya Lal S/o Late Molai Aged About 50 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

3. Ramhai S/o Late Molai Aged About 40 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

4. Sudama S/o Late Molai Aged About 40 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

5. Sitaram S/o Late Molai Aged About 33 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

6. Nanka S/o Late Molai Aged About 25 Years R/o Village Karri, Police Station Sonhat, Tahsil Sonhat, District Korea Chhattisgarh.

---- Appellants/Plaintiffs Versus

1. Rajlal S/o Bhunwar Teli Aged About 40 Years R/o Karri, Police Station And Tahsil Sonhat, District Korea Chhattisgarh…

(Defendant)

2. State Of Chhattisgarh Through Collector, Korea, Baikunthpur District Korea Chhattisgarh.

---- Respondents ----------------------------------------------------------------------------------------------

For Appellants : Mr. Anurag Singh & Sandeep Patel, Advocates For Respondent No.1 : Mr. Ashok Kumar Shukla & Ms. Prakriti Deo, Advocates For Respondent No.2/State: Mr. Shailesh Kumar Puriya, Panel Lawyer ----------------------------------------------------------------------------------------------

Hon'ble Shri Justice Naresh Kumar Chandravanshi Judgment On Board

25.7.2024.

1. This is plaintiffs’ Second Appeal filed under Section 100 of CPC against the judgment and decree dated 25.01.2011, passed by First Upper District Judge, Manendragarh at Baikunthpur, Distt. Koriya (C.G.), in Civil Appeal No. 58-A/2010 affirming the judgment and decree dated 18.08.2008 passed by Civil Judge, Class-II, Baikunthpur, Distt. Koria, in Civil Suit No. 71-A/2007 wherein the trial Court dismissed the suit for declaration of title and possession filed by the plaintiffs.

[For sake of convenience, the parties would be referred to hereinafter as per their status shown in the plaint filed before the trial Court]

2. Facts of the case in nutshell are that, the plaintiffs filed suit for declaration of title and possession in respect of suit land mentioned in Schedule “B” annexed with the plaint. The suit land is part of land mentioned in Schedule “A” annexed with the plaint. It was pleaded by the plaintiffs that their father late Mulai had come from village Singrouli to village Tendua and had cleared forest land and made cultivable the same, which is mentioned in Schedule “A” of the plaint. At the time of erstwhile State Koria. Bandobast held in the year 1949 and Raiyati Parcha (jS;rh ipkZ) of suit land was prepared in the name of Mulai alone. Subsequently, Bhuwar (father of original defendant Shobha and his brother Rajlal ) came at village Tendua. Late Mulai had given him part of suit land for construction of hou