2025:CGHC:60680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 185 of 2013

1 - Shrikant Dani S/o Lochan Prasad Dani Aged About 27 Years R/o Sakrali, Tah.

And P.S. Dabhara, Distt. Janjgir-Champa C.G., Chhattisgarh ...Appellant versus

1 - Premchand (Died Through Lrs) As Per Honble Court Order Dated 17-09-2025

1(A) Anil Kumar Gupta S/o Late Premchand Gupta Aged About 55 Years R/o Beladeula, Kharraghat, Raigarh, District Raigarh (C.G.)

1(B) Harish Kumar Gupta S/o Late Premchand Gupta Aged About 51 Years R/o Beladeula, Kharraghat, Raigarh, District Raigarh (C.G.)

1(C) Manju Gupta D/o Late Premchand Gupta Aged About 58 Years R/o Beladeula, Kharraghat, Raigarh, District Raigarh (C.G.)

1(D) Kiranlata Gupta W/o Late Premchand Gupta Aged About 80 Years R/o Beladeula, Kharraghat, Raigarh, District Raigarh (C.G.)

2 - Annapurna Dani W/o Prakash Kumar Gupta Aged About 52 Years R/o Sakrali, Tah. And P.S. Dabhara, Distt. Janjgir-Champa C.G., District : Janjgir-Champa, Chhattisgarh

3 - State of Chhttisgarh W/o Through Collector, Janjgir-Champa, Distt. Janjgir-

Champa C.G., District : Janjgir-Champa, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Appellant : Mr. Sandeep Patel, Advocate.

For Respondents: Mr. Praveen Dhurandhar, Advocate.

DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by

D20a:t5e0: :20002 +6.00523.103

No.1(A) to 1(D)

For State : Mr. Rajeev Bharat, Govt. Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

Judgment on Board

12-12-2025

1. The present second appeal has been filed by defendant No.1 under Section

100 of the CPC against the impugned judgment and decree dated 10-12- 2012 passed by the First Additional District Judge Sakti, District Janjgir- Champa (C.G.) in Civil Appeal No.71A/2010 whereby the learned first appellate Court allowed the appeal filed by the plaintiff and decreed the suit in his favour and set aside the judgment and decree passed by the Civil Judge Class II Dabhara, District Janjgir-Champa (C.G.) dated 28-09-2010 in Civil Suit No.125A/2007.

2. The present second has been admitted on 14-07-2017 on the following substantial question of law:-

“Whether the lower appellate Court, while reversing the finding of the trial Court was justified by upholding the validity of the registered Will deed dated 10.9.1984 (Ex.P-11) executed by Sukho Bai in favour of Plaintiff-

Premchand even in absence of examination of its attesting witness ?”

3. For the sake of convenience the status of the parties are being referred as shown their status in the civil suit.

4. The plaintiff has filed a civil suit for declaration of title, permanent injunction declaring the order dated 12-11-2003 passed by the C.G. Board of Revenue Bilaspur and also for confirmation of his possession over the suit land shown in Schedule A and B annexed with the plaint. It is pleaded in the plaint by the plaintiff that the suit land of Schedule A annexed with the plaint total area 12.46 acre situated at village Sakrali, P.H. No.13, Tahsil Dabhara, District Janajgir-Champa was owned by one Sukhobai W/o Yugal Kishore Dani and she also owned total 6.89 acre of land shown in Schedule B annexed with the plaint situated at Village Saradih, P. H. No.14, Tasil Dabhara, District Janjgir-Champa. The Sukhobai was issueless and the plaintiff is son of her sister Parvati Devi who was taking care of Sukhobai during her lifetime and as per her love and affection Sukhobai executed a will on 18-10-1983 in favour of the plaintiff. Again another will was executed by Sukhobai in his favour on 10-09-1984 and earlier will dated 18-10-1983 was revoked and get the subsequent will registered. The necessity to execute the subsequent will was arose for the reason that there were discrepancies in the khasra number and the area of the land of Sukhobai mentioned in the earlier will. Sukhobai has died on 19-10-1998 and then the plaintiff become the title and possession holder of the land owned by Sukhobai by virtue of the said will dated 10-09-1984. When he made an applicat