2026:CGHC:1261 NAFR AMARDEEP CHOUBEY HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by AMARDEEP CHOUBEY SA No. 733 of 2019 Date: 2026.01.15 17:02:22 +0530

1 - Faguwa Ram S/o Itwari Ram Sahu Aged About 58 Years R/o Village Kareli (Chhoti) Tahsil Magarlod,district-Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

2 - Heeralal S/o Itwari Ram Sahu Aged About 55 Years R/o Village Kareli ( Chhoti ) Tahsil Magarlod, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

3 - Dayaram S/o Ram Lal Sahu Aged About 78 Years R/o Village Kareli (Chhoti), Tahsil Magarlod, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh ... Appellants versus

1 - Roopchand S/o Bisouha Ram Sahu. R/o Village Kareli ( Chhoti) Tahsil Magarlod, District-Dhamtari Chhattisgarh, District :

Dhamtari, Chhattisgarh

2 - Maan Bai W/o Roopchand Sahu. R/o Village Kareli ( Chhoti ) Tahsil Magarlod, District- Dhamtari Chhattisgarh, District :

Dhamtari, Chhattisgarh ---- Respondents For Appellants : Mr. H.B. Agrawal, Senior Advocate assisted by Ms. A.

Sandhya Rao, Advocate For Respondents : Mr. Ghanshyam Patel, Advocate Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

08.01.2026

1. By the present appeal under Section 100 of the CPC, the appellants/plaintiffs challenging the impugned judgment and decree dated 23/09/2019 passed by the Additional District Judge, Dhamtari, C.G. in Civil Appeal No.04-A/2019 (Faguwa Ram & Ors Vs. Roopchand & Ors) arising out of the judgment dated 24/11/2018 passed by the learned Civil Judge Class-II, Link Court, Kurud, District Dhamtari, C.G. in Civil Suit No.24-A/2013 (Faguwa Ram & Ors Vs. Roopchand & Ors). For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiffs preferred the Civil Suit pleading inter alia that the plaintiff’s grandfather Ramlal, son of Dhansai, obtained a patta from the Gram Panchayat Kareli Chhoti on 18.03.1981 for Abadi land bearing Khasra No. 553 (present Khasra No. 1102), Plot No. 284, area 5 decimal, measuring 48 × 36 feet. Likewise, Budhuram, son of Ramlal, also obtained a patta on 30.02.1981. They remained in possession of the said land during their lifetime. After their death, the plaintiffs are in joint possession thereof. Budhuram died issueless, and therefore the plaintiffs are the joint legal heirs to his property. With an intention to take illegal possession of the suit land, the defendants deliberately attempted to construct a fence over the plaintiffs’ land. Upon a complaint being made by the plaintiffs to the Gram Panchayat, a meeting was held by the Panchayat on 29.10.2012, and a copy of the proceedings was provided to the plaintiffs. In the said proceedings, in the Patta Distribution Register of the Panchayat, page No. 54, serial No. 208, Budhuram, son of Ramlal Sahu, is shown as the pattadar. Further, the village heads, after inspecting the spot, identified and pointed out the actual land and stated that the defendants were making a false claim over the plaintiffs’ land. In July 2013, the defendants forcibly attempted to interfere with the suit land by trying to construct a house thereon. Consequently, the present suit has been filed seeking relief of declaration of title, recovery of possession, and permanent injunction.

3. In the said Civil Suit, the defendants No. 1 and 2 submitted their written statement and stated that Dukhiya Bai, wife of Devsingh Sahu, was granted a patta for Plot No. 263 of Khasra No. 553, admeasuring 0.05 decimal, by the Naib Tahsildar, Magarlod, on 14.01.1997. In her old age, Dukhiya Bai, for the purposes of her medical treatment and livelihood, sold the suit land after receiving cash consideration to Defendant No. 1, Roopchand, on 27.05.1997, and handed over possession to Roopchand in the year 1997. Since then, he has been in continuous possession of the said land, and the entry of the said plot exists in the revenue records.

4. The learned Trial Court, after framing the issue