2026:CGHC:7572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 6 of 2026

1 - Bhanwar Lal Soni S/o Harchand Soni Aged About 76 Years R/o Digitally signed by AMARDEEP AMARDEEPCHOUBEY Village And Tahsil- Patan, District- Durg, C.G.

CHOUBEY Date:

2026.02.12

17:08:07 +0530 2 - Mangla Devi W/o Bhanwar Lal Soni Aged About 75 Years R/o Village And Tahsil- Patan, District- Durg, C.G.

... Appellants versus

1 - Chaitram Dhankar S/o Lt. Rambharosa Dhankar Aged About 68 Years R/o Tahsil - Patan District- Durg, C.G.

2 - State Of C.G. Through The Collector, District Durg, C.G.

3 - Chief Municipal Officer Nagar Panchayat Patan, District- Durg, C.G.

…. Respondents (Cause title is taken from CIS)

For Appellants : Mr. Jitendra Gupta, Advocate Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

11/02/2026

1. The appellants/defendants No.1 & 2 have preferred the present appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908, being aggrieved by the impugned judgment dated 17.09.2025 passed by the learned District Judge, Patan District Durg, (C.G.) in Civil Appeal No.204A/2024 (Chaitram Vs. Bhanwar Lal Soni & Ors), arising out of the judgment dated 21.02.2024 passed by the learned Civil Judge, Class-I, Patan, District Durg (C.G.) in Civil Suit No.12A/2020 (Chaitram Vs. Bhanwar Lal Soni & Ors), whereby the learned Appellate Court remanded back the matter to the trial Court for fresh adjudication after affording the parties opportunity of hearing and to adduce evidence.

2. The plaintiffs filed a civil suit seeking declaration of title, permanent injunction, pleading inter alia, that the plaintiff’s ancestral house, which had become dilapidated, situated on Abadi land bearing Khasra No. 576 admeasuring 1312 square feet, was sold in the year 2003, to Defendant No. 1 and 1312 square feet to Defendant No. 2. On the same date, possession was delivered to them at the spot after executing the sale. Adjacent to the said land, the plaintiff separated his possession over approximately 0.01 decimal of land, forming part of Khasra No. 576, admeasuring 420 square feet. The plaintiff constructed a separate house on this portion and has been in possession thereof. In the year 2015, Defendants No. 1 and 2 submitted an application before the Tehsildar seeking to purchase the portion of land on which the plaintiff’s house stands. The said application was rejected by the Tehsildar on 25.05.2016. The plaintiff has been in possession of the suit land for the past 13 years. Subsequently, Defendants No. 1 and 2 again filed an application before the Court of the Tehsildar under Section 250 of the Chhattisgarh Land Revenue Code, without conducting demarcation. The Tehsildar, Patan, directed the Nagar Panchayat, Patan, to deliver possession of the Abadi land. Defendant No. 1 has been repeatedly issuing notices to the plaintiff to hand over possession of the house constructed on the suit land to Defendants No. 1 and 2, due to which the plaintiff apprehends demolition of his house. Therefore, the plaintiff has prayed that he be declared the owner, having right, title, and interest over the house constructed on the suit land, and that the order dated 27.04.2020 passed by the Tehsildar, Patan, be declared illegal.

3. Defendants No. 1 and 2 have filed their written statement and denied the plaint averments. They have stated that the plaintiff sold a portion of the Abadi land bearing Khasra No. 576, admeasuring 1312 square feet, to Defendant No. 1 and another 1312 square feet of the same Khasra number to Defendant No. 2 in the year 2003. On 30.06.2003, the plaintiff executed a registered sale deed in favour of Defendants No. 1 and 2 after receiving the full sale consideration and delivered possession of the entire portion of Khasra No. 576 to them. Since then, Defendants No. 1 and 2 have been in possession of the said land. On 29.03.2015, Defendants No. 1 and 2 commenced construction work on the land purchased through the registered sale deed. At that time, the plaintiff pl