NIRMALA RAO

2025:CGHC:44229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 207 of 2001 Judgment Reserved on 08.08.2025 Judgment delivered on 01.09.2025

1 - Surendra Kumar Mehta (Died) Through Lrs As Per Honble Court Order Dated 24-09-2024 1.1 - (A) Rajat Kumar Mehta S/o Late Shri Surendra Kumar Mehta Aged About 61 Years R/o House No. Smig-7, Alka Avenue, Uslapur, District Bilaspur Chhattisgarh 1.2 - (B) Smt. Ranjana Bahadur W/o Dr. A.N. Bahadur, D/o Late Shri Surendra Kumar Mehta Aged About 57 Years Deepu Para, Vinoba Nagar, District Bilaspur Chhattisgarh 1.3 - (C) Smt. Anjula Shrivastav W/o Shri Anurodh Shrivastav, D/o Late Shri Surendra Kumar Mehta Aged About 56 Years H-6 Shalimar Parak, Kolar Road, District Bhopal Madhya Pradesh 1.4 - (D) Smt. Tilothma Sadavarti W/o Shri Rajiv Sadavarti, D/o Latge Shri Surendra Kumar Mehta Aged About 54 Years Emar- Emereld Floors Premiers Tower No. 4, Flat No. 401, Sector 65, Gurgaon, Delhi 1.5 - (E) Neeraj Mehta S/o Late Shri Surendra Kumar Mehta Aged About 53 Years B-27 Sai Leela Villa, Alka Avenue, Uslapur, District Bilaspur Chhattisgarh

2 - Bulchu (Died) Through Lrs As Per Honble Court Order Dated 12-03-2014 2.1- (A) Mu. Kayo Bai Wd/o Late Bulchu, Aged About 42 Years R/o Village Manipur Mathupara, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh

2.2 - (B) Tarachand S/o Late Bulchu, Aged About 24 Years R/o Village Manipur Mathupara, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh

2.3 - (C) Darasingh S/o Late Bulchu, Aged About 28 Years R/o Village Manipur Mathupara, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh ... Petitioner(s)

versus

1 - Lakshan S/o Sampat Aged About 30 Years Caste Bargah, R/o Village Laxmipur, P. S. And Tehsil Ambikapur, District Surguja Chhattisgarh 2 - Bahalram (Deleted) As Per Honble Court Order Dated 07-01-2016 3 - Lachmaniya (Deleted) As Per Honble Court Order Dated 07-01-2016 4 - Kendi (Deleted) As Per Honble Court Order Dated 07-01-2016 5 - Kodesri D/o Gathiya, Aged About 32 Years R/o Village Laxmipur, P. S. And Tehsil Ambikapur, District Surguja Chhattisgarh 6 - Nankhi D/o Gathiya, Aged About 21 Years R/o Village Laxmipur, P. S. And Tehsil Ambikapur, District Surguja Chhattisgarh 7 - The State Of Madhya Pradesh Now Chhattisgarh Through The Collector, Surguja, Ambikapur Chhattisgarh ... Respondent(s)

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For Appellants/

Defendants No.1 & 2 : Shri Shashwat Mishra, holding the brief of Shri Rishabh Gupta, Advocate.

For Respondent/State : Shri Shubham Bajpayee, P.L.

For Respondents No.5 & 6 : Shri Nishikant Sinha, Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

1. The defendants have filed this second appeal, assailing the judgment and decree passed by the District Judge, Surguja (Ambikapur), in Civil Appeal No. 92A of 1999 dated 20.3.2001, whereby the appeal was dismissed.

2. This appeal was admitted for hearing on the following substantial question of law, vide order dated 21.1.2016:

"(i) Whether the learned lower Appellate Court was justified in law in holding that the property in dispute being joint property of Sampat Barga and Gathiya Barga, the sale deed executed in the year 1942 did not pass any title in favour of Dashrathlal Mehta?

(ii) Whether defendant Surendra Kumar Mehta son of Dashrathlal Mehta was entitled to half of the share in the joint property of Sampat Barga and Gathiya Barga by virtue of sale deed executed in the year 1942?"

3. The facts of the present case are that Civil Suit No. 156A of 1990 was filed by the plaintiffs for declaration of title and permanent injunction in respect of the agricultural land described in Schedules A and B. Schedule B forms part and parcel of Schedule A. The plaintiffs pleaded that the suit property was the self-acquired property of Sampat Bargah and Gat