2025:CGHC:60350 NAFR Digitally signed by ALOK ALOK SHARMA SHARMA D 20 a 2 te 5 : .12.11 HIGH COURT OF CHHATTISGARH AT BILASPUR

17:44:16 +0530 Judgment Reserved on : 13/11/2025 Judgment Delivered on: 11/12//2025 SA No. 418 of 2018

1 - Prahlad Das S/o Kawal Das Panika Aged About 55 Years Occupation- Labour, R/o Village- Aamapali, Tah, And District- Raigarh, At Present- Baikunthpur, Raigarh, Tahsil And District- Raigarh, At Present- Angual (Orissa)............ (Defendents), District : Anugul *, Orissa ... Appellant(s)

versus

1 - Omprakash Agrawal Dead Through Lrs Gayatri Agrawal Aged About 50 Years R/o Danipara, Raigarh, Tahsil And District- Raigarh. Chhattisgarh., District : Raigarh, Chhattisgarh

2 - Ritu Rungta D/o Late Omprakash Agrawal W/o Amit Rungta, Age-34 Years, R/o Tata Nagar, (Jharkhand),, District : Ranchi, Jharkhand

3 - Pankaj Agrawal S/o (Wrongly Mention Wife) Late Omprakash Agrawal R/o Danipara, Raigarh, Tahsil And District- Raigarh. Chhattisgarh., District : Raigarh, Chhattisgarh

4 - Vikash Agrawal S/o (Wrongly Mention Wife) Late Omprakash Agrawal Aged About 25 Years R/o Danipara, Raigarh, Tahsil And District- Raigarh. Chhattisgarh., District : Raigarh, Chhattisgarh

5 - State of Chhattisgarh Through- Collector, Raigarh, District- Raigarh.

Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Amit Sharma, Advocate.

For Respondent No. 1 to 4. : Mr. Anand Shukla, Advocate.

For State/Respondent No.5. : Mr. Kalpesh Ruparel, Panel Lawyer.

Hon'ble Shr i Justice Ravindra Kumar Agrawal, J.

CAV Judgment

1. The instant second appeal has been filed by the appellant under Section 100 of the Code of Civil Procedure, against the impugned judgment and decree dated 18.05.2018 passed by learned Second Additional District Judge, Raigarh, in Civil Appeal No.29/2018, whereby the first civil appeal is dismissed and the judgment and decree dated 16.02.2018 passed by learned Civil Judge, Class-I, Raigarh, in Civil Suit No. A/481/2008 is affirmed.

2. The present appellant was the defendant No. 1 before the learned trial Court, and the Respondent Nos. 1 to 4 were the plaintiffs. The decree for declaration of title and possession of the suit property after demolishing the construction of the house has been passed by the learned trial Court, which the first appellate Court has affirmed.

3. For the sake of convenience, the status of the parties shown in the civil suit is being taken in the present appeal.

4. The second appeal was admitted on 23.01.2020 on the following substantial questions of law:

“1.Whether both the Courts below were justified in holding that defendant has encroached upon the suit land held by the plaintiff bearing Khasra No. 141/1 relying upon the demarcation report dated 30.07.1995 in the civil suit instituted by the plaintiff on 25.10.2008 by recording a finding which is perverse to the record? 2. Whether the first appellate Court was justified in affirming the judgment and decree passed by the trial Court without considering the legality and validity of the finding recorded by the trial Court with regard to Ex. P-3?

5. The plaintiff’s case is that the original plaintiff, late Om Prakash, had purchased the suit property, including the land of Khasra No. 141/1 area 0.729 hectare situated at village Baikunthpur, Tahsil and District Raigarh, through the registered sale deed dated 06.08.1984 from its owner Shaeeda Khan and came into possession of the same. In the year 1995, when the plaintiff apprehended encroachment over his land, he got his land demarcated and obtained a demarcation report dated 03.07.1995, wherein the mother of the defendant No.1, Smt. Chhaya Bai was found in encroachment over 46x26 sq. ft. (total 1196 sq. ft.) by constructing their house thereon. The defendant No.1 was also residing with his mother, Smt. Chhaya Bai. After demarcation, the defendant No.1 again encroached on the northern side of the land over 28x16.6 ft. (1221 sq. ft.) for which the present suit is being filed. The details