2026:CGHC:6134 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 32 of 2013 Digitally signed by PAWAN PAWAN KUMAR KUMAR JHA Reserved on: 14.10.2025 Date:

JHA 2026.02.03

17:58:22 +0530 Delivered on: 03.02.2026 Uploaded on : 03.02.2026 • Smt. Laxmi Yadav W/o Shatrughan Yadav Aged About 54 Years Occupation House Wife, R/o Shanker Nagar, Bilaspur, Tah. And Distt.

Bilaspur (C.G.)

--- Appellant/Plaintiff versus

1. (Died and Deleted) Smt. Urmila Yadav

2. (Deleted) Umesh Yadav (Died)

2.1 Smt. Urmila Yadav W/o Late Umesh Aged About 57 Years R/o Qtr. No. 56, Palash, Rajkishore Nagar, Devika Vihar, Bilaspur, Tehsil Bilaspur, District Bilaspur (C.G.)

2.2 Santosh Yadav S/o Late Umesh Aged About 38 Years R/o Qtr. No. 56 Palash Rajkishore Nagar, Devika Vihar, Bilaspur Tehsil Bilaspur, District Bilaspur (C.G.)

2.3 Rajeshwari D/o Late Umesh Aged About 28 Years R/o Qtr. No. 56, Palash Rajkishore Nagar, Devika Vihar, Bilaspur, Tehsil Bilaspur, District Bilaspur (C.G.)

3. Deepak Yadav S/o Late Rama Yadav Aged About 50 Years Occupation Property Dealer, R/o Shanker Nagar, Bilaspur (C.G.)

4. Smt. Indrawati W/o Faguram Aged About 48 Years Occupation - House Wife, R/o Rayees Banger Store, Baaji Gali, Infront Of S.K. Two Wheeler Workshop, Near Balmukund School, Talapara, Bilaspur (C.G.)

5. Smt. Vrindavati W/o Sunder @ Sundaru Yadav Aged About 46 Years Occupation House Wife, (Posted As Peon In Government High School Dayalband), Behind Govt. High School, Dayalband, Bilaspur (C.G.)

6. Smt. Jamuna Bai W/o Jagdish @ Jaggu Yadav (Plumber) Aged About

46 Years Occupation - House Wife, Near Rao Electrical Gali, Infront Of Shiv Shanker Singhs House, 27 Kholi, Bilaspur (C.G.)

7. Smt. Kapura Yadav W/o Late Ram Khilawan Yadav Aged About 62 Years Occupation Service, Office- P.W.I. Railway Inspection Office, Bhilai-3, Distt. Durg (C.G.)

8. State Of Chhttisgarh Thru- Collector, Bilaspur (C.G.)

---Respondents ____________________________________________________________

For Appellant : Mr. Surfaraj Khan, Advocate For Respondents No. 2.1 to 2.3 &

3 to 7 : Mr. Aishwarya Pandey, Advocate with Mr. P.K. Tulsyan, Advocate For Respondent No. 8-State : Mr. Aman Tamboli, Panel Lawyer Hon'ble Shri Justice Parth Prateem Sahu C.A.V. Judgment

1. Appellant-plaintiff has filed this second appeal under Section 100 CPC challenging the legality and sustainability of impugned judgment and decree dated 08.10.2012 passed by learned 5^th Additional District Judge, Bilaspur, District Bilaspur in Civil Appeal No. 22-A/2011, whereby learned First Appellate Court dismissed the appeal filed under Section 96 of CPC affirming the judgment and decree dated 29.03.2011 passed by learned 8^th Civil Judge, Class-II, Bilaspur, in Civil Suit No. 65-A/2010 dismissing the suit filed by plaintiff.

2. For the sake of convenience, parties shall be referred to in terms of their status shown in Civil Suit No. 65-A/2010 before the Trial Court.

3. Brief facts of the case necessary for disposal of this appeal are that plaintiff filed a civil suit before the trial court seeking declaration of title and permanent injunction pleading therein that the property situated at village Torwa Tehsil and District Bilaspur bearing Khasra Nos. 840, 889/3, and 895, admeasuring 0.47, 0.82, and 0.55 acres respectively (total 1.84 acres) (hereinafter referred to as “the suit land”) was initially owned by Dhaniram Yadav. Dhaniram purchased the land bearing khasra no. 840 measuring 0.47 acres from Udiya son of Manohar for consideration of Rs. 500/- on 02.07.1961. Land bearing khasra No. 889/3 and 895 measuring 0.82 acre and 0.55 acre was purchased by Dhaniram from Smt. Sukhmat Yadav for consideration of Rs. 1,000/- on 15.05.1970 and came in possession of aforementioned lands. Name of Dhaniram was also mutated in the revenue records vide mutation orders No. 1429 and 1430 dated 30.01.1976. Dhaniram was issue-less and therefore he had kept and brought up plaintiff, daughter of his brother, as his own and continued to live with her along with his wife as family