2025:CGHC:28854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 548 of 2017 Sayet Ram S/o Late Shri Sanuk Ram, Aged About 45 Years Cast Rajwar Occupation Former, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh .............Plaintiff, Chhattisgarh ... Appellant versus

1 - Baldew (Dead) Through Lrs., As Per Honble Court Order Dt. 28-11-

2022, Chhattisgarh

1.1 - (A) Laxman S/o Late Shri Baldev Aged About 30 Years Cast - Rajwar, R/o-Village - Kanthi, P. S.- Ambikapur Tahsil - Ambikapur, District - Surguja Chhattisgarh

2 - 1 Dinesh S/o Hakim, Aged About 25 Years Occupation Cultivation, Cast- Rajwar, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

2.1 - Satyanrayan S/o Hakim, Aged About 50 Years Occupation Cultivation, Cast- Rajwar, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

3 - Shivcharan S/o Khora, Aged About 56 Years Cast- Rajwar, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

4 - Gulab S/o Khora, Aged About 56 Years Cast- Rajwar, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

5 - Mahendra D/o Sunder, Aged About 57 Years Cast- Rajwar, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

6 - Sad Ram S/o Parkash, Aged About 46 Years Cast- Rajwar, R/o Village Kanthi, P.S. Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

7 - Bhukhal Aged About 46 Years Cast- Rajwar, R/o Village Kanthi, P.S.

Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh

8 - Arjun Aged About 81 Years Cast- Rajwar, R/o Village Kanthi, P.S.

Ambikapur Tahsil Ambikapur, District Surguja, Chhattisgarh Digitally signed by BHUMIKA BHUMIKA ANGARE ANGARE Date:

2025.07.29 +0530

9 - State Of Chhattisgarh, Through The Collector Surguja, Chhattisgarh ...............Defendants ... Respondents For Appellant : Mr. Shahid Ahmed Ansari, Advocate For Respondents No. 1 to 5 : Mr. Ajeet Kumar Yadav, Advocate For State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board

30.06.2025

1. The second appeal has been filed by the appellant/plaintiff under Section 100 of the C.P.C. against judgment and decree dated 04.08.2017 (Annexure A/2) passed by First Additional District Judge, Ambikapur, District Surguja (C.G.) in Civil Appeal No. 35A/2016 (Sayet Ram Vs. Baldew & others) affirming the judgment and decree dated 12.07.2016 passed by 4^th Civil Judge Class-II, Ambikapur, District Surguja (C.G.) in Civil Suit No. 269-A/2010 (Annexure A/1).

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 269-A/2010 which was filed for declaration of title and permanent injunction.

3. The present second appeal has been admitted by this Court vide its order dated 27.11.2017 on the following substantial question of law:-

“1. Whether the Courts below were justified in holding that the plaintiff's suit is barred by jurisdiction under Section 257 of the C.G. Land Revenue Code, 1959 ?

2. Whether the rights of a lessee could be taken away by the Collector vide order dated 15.2.2011 (Exhibit P/4) in exercise of its suo moto revisional power as provided under Section 50 of the C.G. Land Revenue Code, 1959 ?”

4. The brief facts, as reflected from the plaint averment, are that the plaintiff has filed a civil suit for declaration of title and for grant of permanent injunction mainly contending that the land bearing Khasra No. 244/2 area admeasuring 2.023 Hectare situated at Village- Kanthi, Patwari Halka No. 28, Tahsil Ambikapur, District- Surguja (C.G.) is agricultural land and has been granted on lease to his father Sanuk Ram S/o Chipri in the year 1971 and since his father’s demised, the appellant being son of Sunat Ram inherited the said lease and his name is mentioned in the revenue records but he was physically disabled, therefore, he was unable to perform the agricultural work, accordingly he has given