2025:CGHC:60458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment Reserved on 22.09.2025 Judgment Delivered on 11.12.2025 Judgment Uploaded on 12.12.2025 SA No. 76 of 2011 (1) A-- Smt. Rahmat Bee (Dead)

B- Kamruddin (Died) Through LRs:

B (1) Widow Smt. Sahida Bee W/o Kamruddin Aged About 65 Years R/o Gandhinagar Diprapara, Durg, Tah. And Distt. Durg (C.G.)

B (2) - Nasaruddin S/o Late Kamruddin Aged About 50 Years R/o Gandhinagar Diprapara, Durg, Tah. And Distt. Durg (C.G.)

B (3) - Mohd. Yakud, S/o Late Kamruddin, Aged About 47 Years R/o Rotarinagar, Tatiband, Raipur, Tah. And Distt. Raipur (C.G.)

B (4) - Mohd. Anwar Hussain S/o Late Kamrudin, Aged About 40 Years R/o Gandhi Nagar Diprapara, Durg, Tah. And Distt. Durg (C.G.)

B (5)- Smt. Jahira Begam, W/o Late Mohd. Shahid, Aged About 38 Years R/o Juna Bilaspur (C.G.)

B (6)- Mohd. Rafic, S/o Late Kamruddih, Aged About 30 Years R/o Gandhinagar, Diprapara, Durg, Tah. And Distt. Durg (C.G.)

C- Abdul Rehman S/o Late Gulam Quadar, Aged About 40 Years R/o Shanichari Bazar Road In Front Of Bank Of Maharashtra, Bhoipara, Durg, Tah. And Distt. Durg (C.G.)

D- Suberati S/o Late Gulam Quadar Aged About 37 Years R/o Shanichari Bazar Road In Front Of Bank Of Maharashtra, Bhoipara, Digitally signed by PRAVEEN

KUMAR SINHA

Date:

2025.12.12

+0530

Durg, Tah. And Distt. Durg (C.G.)

E-Abdul Gani S/o Late Gulam Quadar Aged About 32 Years R/o Shanichari Bazar Road In Front Of Bank Of Maharashtra, Bhoipara, Durg, Tah. And Distt. Durg (C.G.)

F- Mohammad Ismail, S/o Late Gulam Quadar Aged About 30 Years R/o Shanichari Bazar Road In Front Of Bank Of Maharashtra, Bhoipara, Durg, Tah. And Distt. Durg (C.G.)

G- Mohammad Yusuf, S/o Late Gulam Quadar Aged About 28 Years R/o Shanichari Bazar Road In Front Of Bank Of Maharashtra, Bhoipara, Durg, Tah. And Distt. Durg (C.G.)

2 - Noor Mohammad S/o Late Gulam Quadar Aged About 35 Years R/o Shanichari Bazar Road In Front Of Bank Of Maharashtra Bhoipara, Durg, Tah. And Distt. Durg (C.G.)

... Appellant (s)

versus

1- Harshveer Singh aged about 39 years S/o Late Dr. Mahaveer Singh Gupta 2 - Yashveer Singh S/o Late Dr. Mahaveer Singh Gupta Aged About 35 Years R/o Shivpara, Near Chandi Mandir, Durg, Tah. And Distt. Durg (C.G.)

3 - Jayveer Singh S/o Late Dr. Mahaveer Singh Gupta Aged About 32 Years R/o Shivpara, Near Chandi Mandir, Durg, Tah. And Distt. Durg (C.G.)

... Respondent(s)

__________________________________________________________

For Appellant (s) : Mr. Ratnesh Kumar Agrawal, Advocate For Respondents : Mr. B.P. Sharma, Advocate with Mr. M.L.

Saket, Advocate _______________________________________________________

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

CAV Judgment

18/09/20

1. This appeal is filed by appellants/defendants challenging legality and sustainability of impugned judgment and decree passed by learned First Appellate Court in Civil Appeal No.39-A/2003 whereby learned First Appellate Court dismissed the appeal affirming the judgment and decree passed by learned trial Court in Civil Suit No.93-A/2002 dated

09.10.2003.

2. This appeal was admitted on following substantial question of law:-

“Whether the two Courts below have committed an error of law in not appreciating the fact that after coming into force the Madhya Pradesh Abolition of Proprietary Rights Act, 1951, the disputed premises vested with the State Govt. and the State would have been a necessary party ?”

3. Facts relevant for disposal of this appeal are that plaintiffs filed Civil Suit pleading therein that grandfather of plaintiffs Late Dau Gend Singh Gupta had given on rent the land situated at Shanichari Bazaar, Durg to Chandu Musalman, son of Gulam on 12.10.1923. After taking land on rent, Chandu Musalman has constructed one kaccha house and was residing there. Chandu Musalman had sublet the part of land taken by him on rent from grandfather of plaintiffs to Jalalluddin (father of defendant No.1). Balwant Singh father of original plaintiff had filed civil suit for eviction of Jalalluddin and other persons from his lan