2026:CGHC:1817 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR RAHUL JHA Digitally signed by SA No. 116 of 2005 RAHUL JHA Date: 2026.01.20

12:24:55 +0530 Judgment reserved on 06/01/2026 Judgment delivered on 13/01/2026 Smt. Sooraj Bai W/o Jhagaruram Aged About 51 Years Occupation Kastkari, R/o Village Dhaneli Tehsil Gurur District Durg (C.G.)

Appellant Versus

1 – Smt. Hiran Bai W/o Tekram Sahu, Aged About 54 Years, Occupation Kastkar, R/o Mokhla Tehsil And District Rajnandgaon (C.G.)

2 - (Deleted) Smt. Sukhiya Bai (Died) Through Lrs. As Per Court Order Dated

08-05-2024

2.1 - (A) Asharam S/o Tijuram Aged About 62 Years

2.2 - (B) Omprakash S/o Asharam Aged About 32 Years

2.3 - (C) Domendra S/o Asharam Aged About 30 Years Respondent No. 2 (a) to 2 (c) are R/o Village Mohara, Tahsil Gurur, District Balod (C.G.)

2.4 - (D) Amrit Bai W/o Goverdhan Aged About 40 Years R/o Khuteri, Tahsil Guderdehi, District Balod (C.G.)

2.5 - (E) Sahodra Bai W/o Onkar, Aged About 35 Years R/o Village Chandan Birhi, Tahsil Gurur, District Balod (C.G.)

3 - (Deleted) Dharmin Bai (Died) Through Lrs. As Per Court Order Dated 08-

05-2024.

3.1 - (A) Ramu Sahu @ R. Ganjeer S/o Jailal Sahu Aged About 70 Years

3.2 - (B) Hariram S/o Ramu Sahu Aged About 50 Years 3.3 - (C) Narendra S/o Ramu Sahu Aged About 45 Years Respondent No. 3 (a) to 3 (c) are R/o Plot No. 85, Post Office Risalee, Ashishnagar, Bhilai, District Durg (C.G.)

4 - (Deleted) Dharmoutin Bai (Died) As Per Honble Court Order Dated 17-02-

2011

5 - State Of Chhattisgarh Through Collector Durg (C.G.)

Respondents For Appellant(s) : Mr. Manoj Paranjpe, Senior Advocate along with Ms.

Shivangi Agrawal, Advocate For Resp. No. 1 & 2 : Mr. Virendra Soni along with Mr. Ankush Soni, Advocates For State/Resp. No. 5: Mr. Santosh Soni, Govt. Advocate Hon'ble Shri Bibhu Datta Guru, Judge

C A V Judgment

1. The present Second Appeal has been filed by the appellant/defendant No.1 under Section 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 29.01.2005 passed by the learned Additional District Judge, Balod, in Civil Appeal No. 54-A/2002 (Smt. Hiran Bai & Anr. V Smt. Suraj Bai & Ors.), whereby the judgment and decree dated 13.09.2002 passed by the learned Civil Judge, Class-I, Balod, in Civil Suit No. 40-A/1988 (Smt. Hiran Bai & Anr. V Smt. Suraj Bai & Ors.) has been reversed. For the sake of convenience, the parties are referred to as per their status before the Trial Court.

2. The instant appeal was admitted by this Court on 05.04.2005 on the following substantial question of law:

“Whether the lower Appellate Court was not justified in holding that Gwalin Bai was legally wedded wife of Sagnuram and the finding in this regard is perverse?”

3. (a) The facts of the case are that Sagnuram (died) was the owner of

2.47 hectares of agricultural land situated at Village Dhameli. The first wife of Sagnuram, namely Nikmi Bai expired, and at that time defendant No.1, Suraj Bai (appellant herein), who is the daughter of Sagnuram and Nikmi Bai, was about five years of age. After the death of his first wife, Sagnuram, about 37 years prior to the institution of the suit, in accordance with the prevailing customary practice (Chudi marriage), brought Gwalin Bai, a widow, as his wife from her parental home at Village Birwad. At that time, the plaintiffs, namely Hiran bai and Sukhiya Bai, aged about five years and two years respectively, were living with their mother Gwalin Bai. It was noted that Sagnuram brought Gwalin Bai along with the plaintiffs to his house, maintained them, brought them up, and solemnized their marriages. Subsequently, Sagnuram died on 29.12.1987, whereafter his widow Gwalin Bai and daughter of first wife Nikmi Bai namely; Suraj Bai (defendant No.1) succeeded to his estate. Subsequently, Gwalin Bai died on 03.02.1988. After her death, except for the plaintiffs and defendant No.1, there remained no other legal heirs of Sagnuram. It was also noticed that after the death of Sagnuram and Gwalin Bai, the names of t