2026:CGHC:587 D si i g g n it e a d l l b y y AFR RAHUL RAHULJHA JHA Date:

2026.02.03 13:40:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on 27-01-2026 Judgment delivered on 03-02-2026 SA No. 406 of 2005

1 - Lala Prasad (Died) Through Legal Heirs

1.1 - Smt. Chandrakali Mishra. (Died And Deleted) As Per Honble Court Order Dated 05-09-2024.

1.2 - Sushil Kumar S/o Late Lala Prasad Aged About 54 Years R/o Village Ramhepur, P.H. No. 30, Ric Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

1.3 - Smt. Shashi Devi D/o Late Lala Prasad Aged About 50 Years R/o Village Ramhepur, P.H. No. 30, Ric Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

1.4 - Smt. Shakuntala Devi D/o Late Lala Prasad Aged About 47 Years R/o Village Ramhepur, P.H. No. 30, Ric Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

1.5 - Shatrughan Mishra S/o Late Lala Prasad Aged About 45 Years R/o Village Ramhepur, P.H. No. 30, Ric Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

1.6 - Smt. Durga Mishra D/o Late Lala Prasad Aged About 38 Years R/o Village Ramhepur, P.H. No. 30, RIC Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

1.7 - Sudhir Mishra S/o Late Lala Prasad Aged About 33 Years R/o Village Ramhepur, P.H. No. 30, Ric Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

1.8 - Anirudh Mishra S/o Late Lala Prasad Aged About 30 Years R/o Village Ramhepur, P.H. No. 30, RIC Kawardha, Tahsil Kawardha, District Kabirdham, Chhattisgarh.

... Appellants versus

1 - Safi Mohammed S/o Yusuf Mohammed Musalman, Aged About 55 Years R/o Maruti Ward No. 07, Kawardha, Tah. Kawardha, District Kabirdham, Chhattisgarh.

2 - Smt. Khatoon Bi (Died)

3 - State of Chhattisgarh, Through Collector, Kawardha, District Kabirdham, Chhattisgarh.

...Respondents (Cause-title taken from Case Information System)

For Appellants : Mr. H.B. Agrawal, Senior Advocate with Ms. A. Sandhya Rao, Advocate For Respondent no.1 None for respondent No.1, despite service of SPC pursuant to the order dated

15.12.2025 For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , J

C A V Judgment

1. By the present appeal under Section 100 of the CPC, the appellant/plaintiff challenging the impugned judgment and decree dated 16/08/2005 passed by the learned District Judge, Kabirdham, Kawardha, C.G. in Civil Appeal No.39-A/2004 (Shafi Mohammad Vs. Lalaprasad & Ors) arising out of the judgment and decree dated 11/05/2001 passed by the learned 2^nd Civil Judge Class-I, Kawardha, C.G. in Civil Suit No.13A/2001 [Lala Prasad Vs. Safi Mohammad & Ors] whereby the learned Appellate Court allowed the appeal filed by the defendant/respondent No.1 and reversed the judgment and decree passed by the trial Court. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The instant appeal was admitted by this Court on 23.11.2005 on the following substantial question of law :

“1) Whether the finding of the lower Appellate Court that the nature of possession of the plaintiff was permissive possession and not hostile is legally correct particularly, when the plaintiff was in possession of the property since 1977 on the strength of agreement to sale?"

ii) "Whether the first Appellate Court was justified in decreeing the counterclaim of the defendant which was filed after more than 12 years for delivery of possession on the basis of agreement?"

iii) "Whether the appeal preferred by the defendant before the First Appellate Court was liable for dismissal for not filing proper Court-fee?”

3. (a) The plaintiff preferred a suit for specific performance of the contract or, in the alternative, for declaration, pleading inter alia that on 20.08.1977, Yusuf, the father of defendant No. 1, entered into an agreement to sell the suit land bearing Khasra No. 133/3, area 0.70 decimal, for a consideration of Rs. 1,951/-. On the same day, he received Rs. 1,000/- in cash as advance in the presence of witnesses, a