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2026:CGHC:4888

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

SA No. 528 of 2017

Mahendra Sahu S/o Shivdayal Sahu, Aged About 50 Years R/o

Digitally

s Si Hgn Oe Ad I Bby Kailash Nagar, Dantewada, Tahsil Dantewada, District Dantewada,

SHOAIBANWAR

ANWARDate:

2026.01.30

10:40:14

+0530

Chhattisgarh ..............Plaintiff, Chhattisgarh

... Appellant

versus

1 - Lachhin S/o Masu, Aged About 49 Years R/o Bahadur Gudhapara,

Jagdalpur, Tahsil Jagdalpur, District Bastar, Chhattisgarh, Presently

R/o In Prakash Malviya V.D.Hall, Furniture Mart, Kailash Nagar,

Dantewada, Tahsil Dantewada, District Dantewada, Chhattisgarh,

Chhattisgarh

2 - Satyam @ Satya Sahu S/o Shri Lochan Sahu, Aged About 39 Years

R/o Kailashnagar, Dantewada, Tahsil Dantewada, District

Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh

3 - Tahsildar, Dantewada, Tahsil Dantewada, District Dantewada,

Chhattisgarh, District : Dantewada, Chhattisgarh

4 - State Of Chhattisgarh, Through District Collector, Dantewada,

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District Dantewada, Chhattisgarh .............Defendants, District :

Dantewada, Chhattisgarh

... Respondent(s)

(Cause title taken from CIS)

For Appellant : Shri Ramsajiwan, Advocate.

For Respondent(s) : Shri Lekhram Dhruv, Panel Lawyer.

Hon'ble Shri Bibhu Datta Guru , Judge

Judgment on Board

29.01.2026

1. By the present appeal under Section 100 of the CPC, the

appellant/plaintiff is challenging the impugned judgment

dated 22.07.2017 passed by the Learned Additional District

Judge, Dantewada, District South Bastar- Dantewada (C.G.) in

Civil Appeal No. 03-A/2014 (Mahendra Sahu vs. Lachhin &

Others) arising out of the order dated 04.09.2012 passed by

the learned Civil Judge, Class- II, Dantewada District South

Bastar- Dantewada (C.G.) in Civil Suit No. 7-A/2011 (Mahendra

Sahu vs. Lachhin & Others) For the sake of convenience, the

parties would be referred as per their status before the

learned trial Court.

2.

The plaintiff/appellant instituted a civil suit seeking

declaration, possession and permanent injunction, pleading

inter alia that the suit property situated at Dantewada,

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Patwari Halka No. 03-A, Revenue Inspector Circle Dantewada,

Tehsil and District Dantewada, Chhattisgarh, comprising four

rooms and a verandah constructed over Khasra No. 314

admeasuring 0.14 acre, has been in his continuous possession

since the time of the previous owner, Smt. Shyamadevi, and

that respondent No. 01 was never in possession thereof. It

was pleaded that with a mala fide intention to dispossess the

appellant, respondent No. 01 initiated proceedings under

Section 170(B) of the Chhattisgarh Land Revenue Code before

the Sub-Divisional OfÏcer (Revenue), Dantewada, who

allegedly acted illegally and passed an order dated 14.01.2011

directing dispossession of the appellant through the Tahsildar.

Challenging the legality and validity of the said order, the

appellant filed the civil suit.

3.

In the said civil suit, the Respondent/defendant No. 01, filed

an application under Order VII Rule 11 CPC, contending that

the plaintiff is an illegal encroacher, that respondent No. 01

belongs to a Scheduled Tribe (Gond community) whereas the

plaintiff does not, and therefore, in view of Section 165(6) read

with Section 170(B) of the Chhattisgarh Land Revenue Code,

the suit is barred under Section 257(1)(t) of the Code. It was

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further pleaded that the plaintiff had challenged the revenue

order without serving mandatory notice upon the State

Government under Section 80 CPC.

4.

The plaintiff, in reply to the application under Order VII Rule

11 CPC, asserted that he and respondent No. 02 have been in

continuous possession of the suit property since the time of

Smt. Shyama Devi, and that respondent No. 01 purchased the

land only on 15.01.2011 through a registered sale deed. It was

pleaded that there was no transfer or fraudulent transfer

attracting Section 170(B), and at best, Section 250 could apply.

The plaintiff further alleged that the revenue proceedings

were conducted in violation of principles of natural justice, as

he was not su