2026:CGHC:385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 41 of 2010 Judgment reserved on 18/11/2025 Judgment delivered on 05/01/2026 Harishanker Gupta S/o Shri Maniklal Gupta, Aged About 49 Years Opposite Of Jagannath Mandir, Near Saddani Chowk, Manik Metal Stores, Raipur, District Raipur, Chhattisgarh ................Plaintiff ... Appellant versus

1 - State Of Chhattisgarh Through Collector Raipur, District Raipur, Chhattisgarh

2 - Mehtaruram Dead Through Lrs

2.a - Smt. Tekan Bai W/o Late Mehtaruram Dewangan, Aged About 62 Years R/o Village- Devgaon, Post- Khauna, Thana- Kharora, Tahsil- Tilda, District- Raipur, Chhattisgarh

2.b - Kuleshwar Dewangan S/o Late Mehtaruram Dewangan, Aged About

55 Years R/o Village- Devgaon, Post- Khauna, Thana- Kharora, Tahsil-

Tilda, District- Raipur, Chhattisgarh

2.c - Tarachand Dewangan S/o Late Mehtaruram Dewangan, Aged About

53 Years R/o Village- Devgaon, Post- Khauna, Thana- Kharora, Tahsil-

Tilda, District- Raipur, Chhattisgarh

2.d - Kumar Dewangan S/o Late Mehtaruram Dewangan, Aged About 44 Years R/o Village- Devgaon, Post- Khauna, Thana- Kharora, Tahsil- Tilda, District- Raipur, Chhattisgarh

2.e - Chunaman S/o Late Mehtaruram Dewangan, Aged About 42 Years R/o VED Village- Devgaon, Post- Khauna, Thana- Kharora, Tahsil- Tilda, District-

PRAKASH DEWANGAN Raipur, Chhattisgarh VED PRAKASH DEWANGAN Date: 2026.01.05 2.f - Lukeshwar Dewangan S/o Mehtaruram Dewangan, Aged About 32 Years R/o Village- Devgaon, Post- Khauna, Thana- Kharora, Tahsil- Tilda, District- Raipur, Chhattisgarh

3 - Smt. Janki Bai W/o Late Roop Singh Dewagan, R/o Sitla Chowl, Mathpara Raipur, District : Raipur, Chhattisgarh

4 - Kapil Dewagan S/o Late Roop Singh Dewagan, R/o Sitla Chowl, Mathpara Raipur, District : Raipur, Chhattisgarh

5 - Mahant Shri Ramsunder Das Guru Shri Rajeyshri Mahant Late Shri Vishnav Das Dudhdhri Meth, Mathpara, Raipur, Distt. Raipur, Chhattisgarh ................Defendants ... Respondents (Cause Title taken from Case Information System)

For Appellant : Mr. Ashish Shrivastava, Senior Advocate along with Mr. Anurag Verma, Mr. Rohishek Verma and Mr. Ishan Rathore, Advocates For Respondent No.1/State : Mr. Arvind Dubey, Govt. Advocate For Respondent No.5 : Mr. Vineet Kumar Pandey, Advocate For other Respondents : None Hon'ble Shri Ravindra Kumar Agrawal, Judge C.A.V. J udgment

1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiff against the impugned judgment and decree dated 24-10-2009, passed by the learned 10^th Additional District Judge, Raipur, in Civil Appeal No. 06-A/2008, whereby the first appeal filed by the plaintiff is dismissed and the judgment and decree dated 04-02-2008, passed by learned 12^th Civil Judge Class-II, Raipur, in Civil Suit No. 24-A/2006 is affirmed.

2. For the sake of convenience, the status of the parties before the learned trial court is referred to hereinafter in the present appeal.

3. The Second Appeal is admitted on 09-02-2021 on the following substantial question of law:-

“Whether both the Courts below are justified in holding that Rajshi Vishnavdas has no right to alienate the suit land in favour of Gayaram and Roop Singh, therefore, the plaintiff/purchaser has no title over the suit land, by recording a finding which is perverse to the record?

4. The plaintiff filed a suit for declaration of title and permanent injunction over the suit land Kh. No. 419, area 2.00 acres and 5.53 acres of the same khasra number, situated at the village Mathpurena, P.H. No. 105, Tahsil and District Raipur. It is pleaded by the plaintiff in the plaint that he purchased the suit lands through two different registered sale deeds dated 10-06-1965 from its owner, Gaya Ram Dewangan and Roop Singh, and came into possession thereof. He is still in possession of the suit lands. He gave the documents to the concerned Patwari for mutation of his name in the revenue records, and the concerned Patwari has entered the correction in the records also at Sr. No. 3