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SA No. 547 of 2025

2026:CGHC:6232

NAFR

RAHUL

JHA HIGH COURT OF CHHATTISGARH AT BILASPUR

Digitally signed

by RAHUL JHA

Date: 2026.02.06

10:42:15 +0530

SA No. 547 of 2025

Smt. Lakeshwari Sinha W/o Shri Shivlal Sinha Aged About 30 Years R/o

Village Girola, Tehsil Kondagaon, District Kondagaon, Chhattisgarh

Appellant

Versus

1 - Smt. Rambati Baghel W/o Late Debra Aged About 70 Years R/o Village

Girola, Tehsil And District Kondagaon, Chhattisgarh

2 - The State Of Chhattisgarh Through Collector Kondagaon, District

Kondagaon, Chhattisgarh

Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Ms. Renu Kochar and Mr. Vaibhav Mittal, Advocates

For State : Mr. Anand Gupta, Dy. GA

Hon'ble Shri Justice Bibhu Datta Guru

Judgment on Board

04/02/2026

1. The present Second Appeal has been filed under Section 100 of the Code

of Civil Procedure, 1908 by the defendant, the appellant herein, assailing

the judgment and decree dated 10/09/2025 passed in Civil Appeal No.

11A/2025 (Smt. Lakeshwari Sinha v. Smt. Rambati Baghel & Anr.) by the

learned Additional District Judge, Kondagaon, District Kondagaon. By

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SA No. 547 of 2025

the said judgment, the First Appellate Court dismissed the appeal

preferred by the defendant and affirmed the judgment and decree dated

13/12/2024 passed in Civil Suit No. 01-A/2020 (Smt. Ramvati Baghel v.

Smt. Lakeshwari Sinha & Anr.) by the learned II Civil Judge Senior

Division, Kondagaon (C.G.) whereby the suit filed by the plaintiff was

decreed.

2. For the sake of convenience, the parties shall hereinafter be referred to as

per their status before the Trial Court.

3. (a) The plaintiff filed the suit for declaration of title, cancellation of

sale deed and permanent injunction in respect of the suit land situated at

Village Masora bearing Khasra Nos. 255/1, 411/1 and 411/2, total area

admeasuring 7.00 acres pleading, inter alia, that the suit land was

originally allotted in the year 1958 in favour of Pandu, son of Chandar,

caste Ganda, by order dated 23.10.1958 passed by the District Head,

Bastar, in Revenue Case No. 70/A-15/57-58, as Pandu was landless and

the allotment was made for the purpose of livelihood and maintenance.

After the death of Pandu, the suit land was mutated in the name of

Debra, son of Budhram, and his name was recorded in the revenue

records on 12.01.1971. Debra, along with his wife/the plaintiff Ramwati

remained in cultivating possession of the suit property. Due to old age

and physical infirmity, Debra had given the suit land on adhiya (share-

cropping) basis to Shivalal Sinha, son of Uday Sinha, about two years

prior to his death, who used to pay half of the agricultural produce to

Debra and the plaintiff for their livelihood. It was further pleaded that

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SA No. 547 of 2025

Debra died on 07.05.2018 at Village Girola. After his death, when the

plaintiff demanded her share of the crop from Shivalal Sinha, he refused

and claimed that he had purchased the suit land. Thereupon, the plaintiff

obtained certified copies of the sale deed and revenue records and came

to know that Shivalal Sinha had got an illegal, fraudulent and fabricated

sale deed executed in favour of his wife, Smt. Lakheshwari Sinha, in

respect of the suit land. The plaintiff pleaded that her husband Debra was

illiterate, used to put thumb impressions, had no knowledge of legal

formalities and, due to old age and illness, was not in a sound mental

condition. It was alleged that taking undue advantage of his condition,

the defendants fraudulently procured the sale deed. According to the

plaintiff, she came to know about the said sale deed only on 05.11.2019

upon receiving its certified copy.

(b) The defendants filed their written statement denying all allegations

of fraud and illegality. It was contended that Debra was the absolute

owner of the suit land and his name was duly recorded in the revenue

records as landholder. It was further pleaded that the sale deed was

executed by Debra during his lifetime with full knowledge and free

consent and that the p