2025:CGHC:10124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved on 28-11-2024 Delivered on 28-2-2025 SA No. 328 of 2001

1 - Nehru Singh S/o Ramnath Kanwar Aged About 39 Years Residents Of Village -

Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

2 - Budheshari Singh S/o Ramnath Kanwar Aged About 30 Years Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

3 - Ishwar Singh S/o Ramnath Kanwar Aged About 28 Years Residents Of Village -

Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

4 - Kaleshwar Singh S/o Ramnath Kanwar Aged About 26 Years Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

5 - Smt. Bassibarhin @ Shyam Bai Wife Of Hargovind Singh Kanwar, Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

6 - Rajesh Aged Minor 10 Years, Son Of Hargovind Singh Kanwar, Through His Guardian Mother Bassibarhin @ Shyambai, Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

7 - Mahesh Aged Minor 5 Years, Son Of Hargovind Singh Kanwar, Through His Guardian Mother Bassibarhin @ Shyambai, Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh).

8 - Vishesh Aged Minor 3 Years, Son Of Hargovind Singh Kanwar, Through His Guardian Mother Bassibarhin @ Shyambai, Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

... Appellants.

versus

1 - Uday Singh S/o Late Anjor Singh Kanwar Residents Of Village - Chhirhut Tahsil Katghora, District Korba (Chhattisgarh)

2 - Biyashpal Singh S/o Late Anjor Singh Kanwar Residents Of Village - Chhirhut, Tahsil - Katghora, District Korba (Chhattisgarh)

3 - (Died) Smt. Bund Kunwar, Through Lrs As Per Honble Court Order Dated 01-

07-2024 and 08-08-2024.

3.1 - (A) Maghan Bai D/o Late Anjor Singh Kanwar Aged About 65 Years R/o Village Chhirhut, Tahsil Katghora, District Korba (C.G.)

4 - (Died) Smt. Rukhmaniya Bai, Through Lrs As Per Honble Court Order Dated

01-07-2024 And 08-08-2024.

4.1 - (A) Brijpal Singh S/o Anjor Singh Kanwar Aged About 50 Years R/o Village Chhirhut, Tahsil Katghora, District Korba (C.G.)

5 - State Of Chhattisgarh Through Collector, Bilaspur (C.G.)

... Respondents For Appellants. : Mr. Vikas Pandey, Advocate. For Respondents : Mr. Sudip Mallick, Advocate.

(Hon’ble Mr. Justice Narendra Kumar Vyas)

C A V Judgment

1.This second appeal has been preferred by the plaintiffs/appellants under Section 100 of the Code of Civil Procedure against the judgment and decree dated

27-7-2001 passed by the Additional District Judge, Bilaspur in Civil Appeal No. 19- A/2000 by which the First Appellate Court has set aside the judgment and decree dated 3-4-1998 passed in Civil Suit No. 150-A/97 and held that the suit filed by the plaintiff is not maintainable.

2.This second appeal was admitted for hearing by this Court on 02.11.2018 on the following substantial question of law.

“Whether the First Appellate Court was justified in holding that the suit preferred by appellants/plaintiffs was barred by provisions contained in Section 257(L-1) of the land Revenue Code, 1959 as the matter is covered by Section

170-B of the Code, 1959?”.

3.The parties are described as per their status shown before the learned trial Court.

4.The brief facts as reflected from the records are that the plaintiffs filed a Civil Suit No. 150-A/97 for declaration of title and grant of permanent injunction mainly contending that A. The land situated at village Chhirhut, Patwari Halka No.47/26, R.I. Circle and Tahsil Katghora, District, Korba, total area 1.87 hectares (hereinafter referred to as ‘the suit land’) are owned by the plaintiffs who are tribals. The property is undivided property of their family and it is in their peaceful possession. The plaintiff No.1 Neharu Singh is the Manager of the joint family and the suit property belongs to Smt. Premkanwar widow of Sheodatta Kanwar (Aboriginal Tribes). She is in possession of the suit property after death of her husband. It i