NAFR HIGH COURT OF CHHATTISGARH, BILASPUR JUDGMENT RESERVED ON 10.08.2022 JUDGMENT DELIVERED ON 09.11.2022 First Appeal No. 453 of 2017

1. Preetam Singh Gabel, S/o Late Prem Singh Gabel, aged about 62 Years, Occupation Business, R/o Ward No. 14, Baradwar Road, Transport Nagar Sakti, Police Station and Tahsil Sakti, Civil and Revenue District Janjgir Champa, Chhattisgarh.

2. Trilok Chand Jaiswal, S/o Late Ganpat Lal Jaiswal, aged about 49 Years, Occupation Business, R/o Ward No. 8, Sakti, Police Station and Tahsil Sakti, Civil and Revenue District Janjgir Champa, Chhattisgarh.

---- Appellants Versus

1. Shyam Sunder Agrawal, S/o Late Mangat Ram Agrawal, aged about 55 Years, Occupation Business, 2. Radheshyam Agrawal, S/o Late Mangat Ram Agrawal, aged about

62 Years, Occupation Business, 3. Kailash Chandra, S/o Late Mangat Ram Agrawal, aged about 50 Years, Occupation Business, 4. Gayatri Devi, W/o Omprakash Agrawal, aged about 63 Years, Occupation Business, Nos. 1 to 4 R/o Ward No. 6, Hatri Chowk Sakti, Police Station and Tahsil Sakti, Civil and Revenue District Janjgir Champa, Chhattisgarh.

5. Durga Prasad Upadhyay, S/o Late Babulal Upadhyay, aged about

43 Years, Occupation not Known, R/o Ward No. 9, Sakti, Police Station and Tahsil Sakti, Civil and Revenue District Janjgir Champa, Chhattisgarh.

6. State of Chhattisgarh, Through Collector, District Janjgir Champa, Chhattisgarh.

---- Respondents For Appellants Shri Ratnesh Kumar Agrawal, Advocate.

For Respondents No. 1 to 4 Shri Manoj Paranjpe and Shri Ankit Singhal, Advocates.

For Respondent No.5 None.

For Respondent No.6/State Shri Neeraj Pradhan, Panel Lawyer.

Hon’ble Shri Justice Goutam Bhaduri &

Hon’ble Shri Justice Radhakishan Agrawal

C A V Judgment

Per Radhakishan Agrawal , J .

1. The instant appeal under Order 41 Rule 1 read with Section 96 of CPC is filed by defendant Nos. 2 & 3 against the judgment and decree dated 15.09.2017 passed by the Second Additional District Judge Sakti, District Janjgir-Champa (CG) in Civil Suit No. 10-A/2010 whereby the suit filed by the plaintiffs / respondent Nos.1 to 4 herein for declaration of title, permanent injunction and possession was decreed.

2. Case of the plaintiffs, in brief, is that the plaintiffs No.1 to 3 namely Shyam Sunder Agrawal, Radheshyam Agrawal and Kailash Chandra Agrawal are brothers and plaintiff No.4 namely Gayatri Devi, is wife of Late Omprakash Agrawal, brother of plaintiffs No. 1 to 3. It is averred in the plaint that the land bearing Khasra No.815/46, area 0.25 acres situated at Sakti, Teshil Sakti, Patwari Halka No.11, District Janjgir-Champa was originally recorded in the name of one Rohit Kumar Sahu and after his death, the same was recorded in the name of his legal heirs Yugal Kishor, Rameshwar, Heeralal, Ashok Kumar, Vijay Kumar, Ku. Mamta and his widow Ramkunwar in the revenue records. Out of the said land, 0.23 acres of land (hereinafter referred to as ‘the suit land’) was purchased by plaintiff Nos.1 to 3 and Om Prakash, husband of plaintiff No.4, through registered sale deed on 07.05.1991. After purchase of suit land, the names of plaintiffs Nos. 1 to 3 and husband of plaintiff No.4, Om Prakash were mutated in the revenue records and after mutation, the suit land was recorded as Khasra No.815/47 area 0.23 acre / 23 decimal and Rinpustika was also issued in their favour by Tahsildar. After the death of Om Prakash on 29.09.1995, the name of his wife i.e. plaintiff No.4 Gayatri Devi was recorded along with other plaintiffs. The remaining land i.e. 0.2 decimal of Khasra No.815/46 was used for public water tank which is adjoining the south side of the plaintiffs land which has been described in Schedule A annexed with the plaint.

3. On 23.12.2008, plaintiff No.4 Gayatri Devi filed an application before the Tahsildar, Sakti for demarcation of Khasra No. 815/47, area 0.23 acres and during the pendency of the application, on 01.02.2009, plaintiff No.1 Shyam Sundar got information that the said land has been recorded in the name o