The absence of documentary evidence for property exchange validated the dismissal of the appeals under the Transfer of Property Act.

1. Since the identical issue involves in both the appeals, they are heard analogously and are being disposed of by this common judgment.

2. The appellants/defendants have filed the instant Second Appeal No. 6 of 2021 against the judgment and decree dated 19-11-2020 passed by the learned 5th Additional District Judge, Raigarh District Raigarh in Regular Civil Appeal No. 28 of 2019 affirming the judgment and decree dated 25-2-2019 passed by the learned 2nd Civil Judge, Class -1, Raigarh, District Raigarh, in Civil Suit No. 65- A/2014 whereby the suit filed by the appellants for declaration and possession has been dismissed.

3. The appellants/defendants have filed the instant Second Appeal No. 7 of 2021 against the judgment and decree dated 19-11-2020 passed by the learned 5th Additional District Judge, Raigarh District Raigarh in Regular Civil Appeal No. 27 of 2019 affirming the judgment and decree dated 25-2-2019 passed by the learned 2nd Civil Judge, Class -1, Raigarh, District Raigarh, in Civil Suit No. 64- A/2014 whereby the suit filed by the plaintiff allowed and counterclaim filed by the defendants has been dismissed.

4. The parties names have been referred to as per their status mentioned in civil suit filed before the court below.

5. The brief facts as reflected from the record of SA No. 6 of 2021 are that the plaintiffs have filed a civil suit mainly contending that they are title holder and in possession of the suit property situated at village Pusour, Patwari Halka No. 37 Tahsil Pusour, District Raigarh, bearing Khasra No. 970/1 area 0.008 hectares mentioned in Schedule-A of the plaint. The defendants No. 1 to 6 illegally encroached the said suit land on 1-2-2014 and started digging the plinth. The plaintiffs have made an attempt to restrain them by saying that this land belongs to the plaintiffs and they should not encroach the said property. The plaintiffs advised them to go for demarcation and till then no construction should be carried out, but they did not heed the request made by the plaintiffs, therefore, the plaintiffs have moved an application for demarcation of the suit property wherein Tahsildar, Pusour sought the report from Patwari and in pursuance thereof, Patwari has submitted his report on 20-4-2014 wherein it has been held that the plaintiffs are the title owners and are in possession of the suit property. Despite demarcation report of the Patwari, the defendants illegally possessed the suit property, therefore, the plaintiffs have filed the suit for dispossessing the suit property from the defendants and also prayed that declaration be granted that plaintiff is title holder of land bearing khasra No. 970/1 area .008 hectare situated at village Pusor, P.H. No. 37,Revenue circle Pusor, Tahsil Pusor, District Raigarh and possession of the suit property from defendants be also granted to the plaintiff.

6. The defendants have filed their written statement denying the allegations made in the plaint mainly contending that the house in the disputed property has been constructed by their ancestors prior to 40- 50 years. It has also been contended that their ancestors have exchanged their property bearing Khasra No 1053 area 0.101 hectares with the suit property. The plaintiff has constructed the pond and said pond has been taken over by the Government. The plaintiffs and the defendants have not made corrections in the revenue records. By concealing this fact the plaintiff intends to get the decree in his favour. It has also been contended that the suit filed by the plaintiff is time barred and prayed for dismissal of the suit.

7. In Second Appeal No. 7 of 2021, the plaintiff has filed a suit for declaration of title and possession of the suit property bearing Khasra No. 9