2025:CGHC:682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 90 of 2007

1 - Manikram (Died) Through Legal Heirs As Per Honble Court Order Date- 01-10-

2010 And 06-03-2019.

(A) Uma Bai Wd/o Late Manik Ram Aged About 55 Years (B) Anand (Since Dead) aged about 37 years, Through Lrs.

(B)(I) Smt. Draupati Bai W/o Late Anand Ram Patel Aged About 33 Years (B)(II)Trivedra Kumar Patel S/o Late Anand Ram Patel Aged About 4 Years (B)(III)Bigendra Kumar Patel S/o Anand Ram Patel Aged About 1 Years Applicant No.(B)(II) and (B)(III) are minor Through Legal Guardian Mother Smt.

Draupati Bai, W/o Late Anand Ram Patel All R/o Village Majarkatta, Police Station And Tahsil- Gariyaband, District- Raipur, Chhattisgarh (C) Surendra Kumar, aged about 35 years (D) Jai Kumar Aged About 33 Years All are by Caste- Marar, R/o Village Majarkatta, Tehsil- Bindra, Nawagarh, District-

Raipur, Chhattisgarh (E) Smt. Mamta Patel D/o Late Manik Ram W/o Shri Mewa Ram, R/o Village And P.O. Khisora, Tehsil- Magarlod, Disrtict- Dhamtari, Chhattisgarh Digitally signed by SHYNA AJAY (F) Smt. Saroj D/o Late Manik Ram W/o Shri Nogan Mewa Ram, R/o Village Date: 2025.01.07

17:10:12 +0530 Naharpara, P.O. Khisora, Tehsil- Magarlod, District- Dhamtari, Chhattisgarh ... Petitioner(s)

versus

1 - Raman Lal (Died) Through Legal Heirs-

(A) Yogeshwar S/o Raman Lal Aged About 60 Years (B) Munni Bai D/o. Raman Lal Aged About 58 Years (C) Santsharan S/o Raman Lal Aged About 55 Years All are R/o Village Majarkatta, Police Station And Tahsil Gariyaband, District Gariyaband Chhattisgarh

2 - State Of Chhattisgarh Through The Collector, Raipur, Chhattisgarh ... Respondent(s)

Cause title downloaded from CIS periphery For Appellant : Mr. Raghvendra Pradhan, Advocate For Respondent(s) : Mr. Ajit Singh, Government Advocate SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Judgment On Board

06/01/2025

1. This Second Appeal is preferred against the judgment and decree dated 14.11.2006 passed in Civil Appeal No.16A/2006 by the Additional District Judge, Gariyaband, afÏrming the judgment and decree dated 1.5.2002 passed in Civil Suit No.72A/01 by the Civil Judge Class-II, Gariyaband, wh ereby, the suit preferred by the appellant/plaintiff, was dismissed .

2. Necessary facts for adjudication of the case are that the appellant/plaintiff has filed a Civil Suit on 26.4.1995 for possession and damages making averments inter alia that he has purchased the subject property- Khasra No.45/4 by way of a registered sale-deed dated 4.2.1987 through Sona Bai and Ramadhin R/o Village Amaldih. It has been averred that the land of defendant No.1 Raman Lal (since deceased) is situated in the south direction of the said land and the defendant/respondent No.1 had encroached upon the said land by encircling it with fencing on 14.1.1994. When the appellant/plaintiff protested the same, he started fighting with him and thereafter also encroached upon the said land. Therefore, the appellant/plaintiff preferred an application before the Tehsildar, Gariyaband on 15.3.1995 for demarcation. In the Demarcation Report-Ex.P/4, it has been reported that defendant No.1 - Ramanlal has made a passage and encroached upon the subject property and also started to build up a concrete wall. On this, the appellant/plaintiff has preferred an application under Section 250 of the CG Land Revenue Code (in short “the Code”) before the Tehsildar, Gariyaband and the same was dismissed. Thereafter, the present suit was filed claiming possession and also for the damages on account of loss of paddy to the tune of Rs. 300/- per year. The defendant in his written statement denied the plaint allegations making specific averments therein that he has purchased the subject property - Khasra No.45/1 along with other Khasra Numbers by way of a registered sale-deed dated 21.2.1969- Ex.-D/1 through Shyamlal Verma. After the said purchase, he was in possession through cultivation on the subject land and also built a house over it. It has been further averred that he has