2025:CGHC:61713 NAFR Digitally signed INDRAJEET by INDRAJEET HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU SAHU Date: 2025.12.19 17:11:17 +0530 SA No. 558 of 2019

1 - Mu. Dayamani W/o Late Sonsai Aged About 60 Years

2 - Lakhiram S/o Sonsai Aged About 38 Years

3 - Shobhram S/o Sonsai Aged About 38 Years

4 - Ramesh S/o Dalsai Aged About 28 Years 5 - Ransai S/o Somaru Aged About 63 Years 6 - Dhirsai S/o Somaru Aged About 61 Years 7 - Shuklal S/o Somaru Aged About 59 Years

8 - Astu S/o Somaru Aged About 57 Years

9 - Budhsingh S/o Somaru (Died During Pendency of Appeal, His Legal Representatives are-

9 (a). Shobhawati D/o Late Somaru

9 (b) Shersingh S/o Late Somaru

9 (c) Narsingh S/o Late Somaru All R/o Village Junavni, Tahsil Bakawand, District Bastar, Chhattisgarh.

... Appellants versus

1 - Anatram S/o Maner Aged About 68 Years

2 - Smt. Sonmati D/o Mahadas Aged About 40 Years

3 - Bhagatram S/o Maner Aged About 69 Years

4 - Ramdas S/o Maner Aged About 59 Years 5 - Tulsiram S/o Chaitu Aged About 63 Years 6 - Tularam S/o Chaitu Aged About 53 Years

7- Shibo S/o Chaitu (Died During Pendency of Appeal, His Legal Representatives are -

7 (a) Ramvati W/o Shibo Aged About 45 Years

7 (b) Damru S/o Shibo Aged About 28 Years 7 (c) Pitwas S/o Shibo Aged About 25 Years

7(d) Sheshani S/o Shibo Aged About 30 Years

8 - Shankr S/o Chaitu (Died During Pendency of Appeal, His Legal Representatives are -

8 (a) Asmati W/o Shankar Aged About 42 Years

8 (b) Parmanand S/o Shankar Aged About 24 Years

8 (c) Amir S/o Shankar Aged About 20 Years

8 (d) Sangeeta D/o Shankar Aged About 22 Years All R/o Village Junavni, Tahsil Bakawand, District Bastar, Chhattisgarh.

9 - State of Chhattisgarh Through The Collector Jagdalpur, District Bastar, Chhattisgarh.

... Respondent(s)

For Appellants : Shri Vikas Shrivastava, Advocate.

For Respondents/ : Shri Abhishek Nirala on behalf of Shri Defendants Praveen Tulsyan, Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

17.12.2025

1. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 has been filed by the plaintiffs against the impugned judgment and decree dated 27.06.2019 passed by the Second Additional District Judge, Jagdalpur, District Bastar, in Civil Appeal No.39-A//2018 whereby the First Appeal filed by the plaintiffs have been dismissed and the judgment and decree dated 24.07.2018 passed by IIIrd Civil Judge, Class-I, Jagdalpur in Civil Suit No.26-A/2015 has been affirmed.

2. The plaintiffs filed a Civil Suit for declaration of title, permanent injunction and for declaring the order dated 15.05.2015 passed by the SDO (Revenue) Bastar and the order dated 26.07.2013 passed by the Tehsildar Bakawand, as null and void. The plaintiffs claimed their title over the suit land Khasra Nos. 40/1,43/1,1/1 and 77, total area 2.22 Hect. situated at village Junavni, PH No.46 Tehsil Bakawand, District Bastar. The plaintiffs have pleaded in their suit that one Fagu Mahra was having 2 sons namely Sudhru and Antu. Smt. Mahangi Bai was the wife of Sudhru. Sudhru and Mahangi Bai died issueless. Somaru was the son of Antu from whom the plaintiffs No.4 to 9 were born. The plaintiff No.1 Dayamati was the wife of Sonsai from whom the plaintiff No.2&3 were born. In the year, 1964-65, the suit land was recorded in the name of Somaru and it was his ancestral property. In the year

1991-92 the Khasra numbers of their land was changed and new khasra numbers 78, 206 and 217 came. Sudhru and Antu jointly cultivating the lands, but as per the custom of Bastar Riyasat the name of eldest member of the family is to be recorded in the revenue records and therefore the name of Sudhru was recorded in the revenue records. After death of Sudhru in the year 1950-51 the land was recorded in the name of his wife Smt. Mahangi Bai and she remained in possession of the suit land along with her brother in law Antu. Smt. Mahangi Bai sold 4.75 Acre of land to Lachhandei through registered sale deed dated 02.01.1954 and 5.45 Acre of land was remaining with th