2026:CGHC:7399 NAFR Digitally signed by JYOTI JYOTI SHARMA SHARMADate:

2026.02.11 17:00:54 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 28 of 2017 Kailash @ Duliram S/o Shri Patiram Mahar, Aged About 37 Years R/o Kayaghat Road, Raigarh, Tahsil And District Raigarh, Chhattisgarh --- Appellant(s)

versus

1. Tarachand Gupta S/o Late Shri Ramgopal Gupta, Aged About 37 Years R/o Kayaghat Road, Raigarh, Tahsil And District Raigarh, Chhattisgarh

2(A). Duliram, S/o Shri Patiram aged about 35 years 2(B) a. Smt. Sudha Gajhbhiye W/o Late Ghanshyam Gajhbhiye, R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa

2(B) b. Minor Kumari Disha D/o Ghanshyam Gajhbhiye, Minor Through Natural Guardian Smt. Sudha Gajhbhiye, S/o Late Ghanshyam Gajhbhiye, R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa 2(B) c. Minor Gautam Gajhbhiye S/o Late Ghanshyam Gajhbhiye, Minor Through Natural Guardian Smt. Sudha Gajhbhiye, S/o Late Ghanshyam Gajhbhiye, R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa

2(C) Lata Bai D/o Patiram, R/o Village Jamgaon, Tahsil And District Raigarh, Chhattisgarh

3. State Of Chhattisgarh, Through Collector, Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh --- Respondent(s) SA No. 27 of 2017 Kailash @ Duliram S/o Shri Patiram Mahar, Aged About 37 Years R/o Kayaghat Road, Raigarh, Tahsil And District Raigarh, Chhattisgarh ---Appellant(s)

Versus

1. Tarachand Gupta S/o Late Shri Ramgopal Gupta, Aged About

37 Years R/o Kayaghat Road, Raigarh, Tahsil And District Raigarh, Chhattisgarh

2(A). Duliram S/o Shri Patiram, Aged About 35 Years R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa

2(B) a. Smt. Sudha Gajhbhiye W/o Late Ghanshyam Gajhbhiye, R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa

2(B) b. Minor Kumari Disha D/o Ghanshyam Gajhbhiye, Minor Through Natural Guardian Smt. Sudha Gajhbhiye, S/o Late Ghanshyam Gajhbhiye, R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa

2(B) c. Minor Gautam Gajhbhiye S/o Late Ghanshyam Gajhbhiye, Minor Through Natural Guardian Smt. Sudha Gajhbhiye, S/o Late Ghanshyam Gajhbhiye, R/o Stationpara, Brijrajnagar, District Jharsugda, Orissa

2(C) Lata Bai D/o Patiram, R/o Village Jamgaon, Tahsil And District Raigarh, Chhattisgarh

3. State Of Chhattisgarh, Through Collector, Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh --- Respondent(s)

Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

10.02.2026

1. Since both the appeals arising out of common judgment and decree, they are being considered and decided together.

2. Both the second appeals under Section 100 of the Code of Civil Procedure, 1908 (for short, “CPC”) have been preferred by the defendant/appellant against the common judgment and decree dated 26.09.2016 passed by the learned 3rd Additional District Judge, Raigarh in Civil Appeal No. 30-A/2011 (Kailash v. Tarachand Gupta) and Civil Appeal No. 31-A/2011 (Tarachand Gupta v. Kailash). By this common judgment, the learned First Appellate Court dismissed Civil Appeal No. 30-A/2011 preferred by the defendant and allowed Civil Appeal No. 31-A/2011 preferred by the plaintiff.

3. Civil Appeal No. 30-A/2011 was filed by defendant Kailash challenging the judgment and decree dated 03.05.2011 passed by the learned 1st Civil Judge, Class-II, Raigarh in Civil Suit No. 64- A/2008, whereas Civil Appeal No. 31-A/2011 was filed by plaintiff Tarachand Gupta against the same judgment and decree by which the suit preferred by the plaintiff was partly allowed and also partly allowed the counter claim filed by the defendant.

4. For the sake of convenience, the parties shall hereinafter be referred to as per their status before the learned Trial Court.

5. The plaintiff preferred the suit for declaration of tittle and possession pleading inter alia that he had purchased land bearing Sheet No. 60, Plot No. 66/2, admeasuring 1056 sq. ft., situated at Kayaghat Road, Raigarh, from Keshavdas S/o Ganpat by sale deed dated 15.11.1975 for a consideration of ₹400. A permanent lease of