2025:CGHC:59584 NAFR Reserved on : 20.08.2025 Delivered on : 08.12.2025 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 285 of 2005

1 - Delete (Rajan Ram) (Died) Honble Court Order Dated 06/03/2024. 2 - Munshi Ram Alias Muneshwar, S/o Shri Wakeel Ram, Aged About 45 Years R/o Village Lahpatra, Tah. Ambikapur District Surguja Chhattisgarh.

3 - Sajan Ram S/o Late Shivaram, Aged About 42 Years R/o Village Lahpatra, Tah. Ambikapur District Surguja Chhattisgarh. 4 - Babulal S/o Late Shivaram, Aged About 35 Years R/o Village Lahpatra, Tah. Ambikapur District Surguja Chhattisgarh. 5 - Deleted (Smt Durga Bai) (Died) Honble Court Order Dated

06/03/2024

6 - Ramnaresh, S/o Late Kanshiram, Aged About 10 Years (Minor) Through Natural Guardian Mother Smt. Durga Bai (Appellant No. 5). R/o Village Lahpatra, Tah. Ambikapur District Surguja Chhattisgarh.

7 - Deleted (Bikul Ram ) (Died) Honble Court Order Dated 06/03/2024 ... Appellant(s)

versus

1 - Deleted ( Shobhit Ram) (Died) Honble Court Order Dated

06/03/2024

1.1 - A. Smt. Fulbasiya Rajwade W/o Late Shobhit Ram, Aged About 72 Years R/o Village Lahpatra, Tahsil Lakhanpur, District Surguja Chhattisgarh.

1.2 - B. Surendra Prasad Rajwade, S/o Late Shobhit Ram Aged About 45 Years R/o Village Lahpatra, Tahsil Lakhanpur, District Surguja Chhattisgarh.

1.3 - C. Namik Chand S/o Late Shobhit Ram, Aged About 38 Years R/o Village Lahpatra, Tahsil Lakhanpur, District Surguja Chhattisgarh. 2 - Budhan Ram, S/o Jangi Ram, Aged About 50 Years R/o Village Lahpatra, P.S. Lakhanpur, Tah. Ambikapur District Surguja Chhattisgarh.

3 - State Of Chhattisgarh Through Collector, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s)

For Appellants : Mr. Raj Kumar Pali, Advocate For Res.1.1 to 2 : Mr. Neeraj Mehta, Mr. Shashi Bhushan Tiwari, Advocates.

For State : Mr. Aman Tamboli, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas C.A.V. JUDGMENT

1. This is plaintiffs second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') questioning the legality and propriety of the judgment and decree dated 20.09.2004 passed by the learned First Additional District Judge, Ambikapur (C.G.) in Civil Appeal No.7-A/2004 affirming the judgment and decree dated 17.01.2004 passed by the Fifth Civil Judge, Class-II, Ambikapur (C.G.) in Civil Suit No. 113A/2003 whereby the suit filed by the plaintiffs has been dismissed.

2. The parties to this appeal shall be referred to hereinafter as per their description in the civil suit before the trial Court.

3. This appeal has been admitted by this Court on 31.07.2024 on the following substantial questions of law:-

(i) Whether, finding recorded by the First Appellate Court that, since all the legal heirs of Mechram have not been impleaded in civil suit as party either plaintiff or defendant, therefore, share of suit land cannot be divided between the parties, is perverse and illegal?

(ii) Whether the First Appellate Court has erred in law in holding that, though Jangi got his share in partition, despite that he is entitled to get share of suit land mentioned in Schedule ‘A’ of the plaint after death of his father Prasad?

4. The brief facts of the case, as pleaded in the plaint, are that the plaintiffs instituted a civil suit seeking declaration of title and permanent injunction in respect of the land situated at Village Lahaptara, Tahsil Ambikapur, as described in Schedule–A (hereinafter referred to as “the suit land”). It is the case of the plaintiffs that the parties are members of the same family. The father of defendants No. 1 and 2 and the great-grandfather of the plaintiffs were brothers, both being sons of Late Prasad. Late Prasad had acquired the suit land described in Schedule-A and the land described in Schedule–B prior to the Surguja Settlement. He had three sons, namely, Mech Ram, Jangi and Mohan. It is further pleaded that before the Settlement, Jangi Ram demanded his separate share, upon which Late Prasad allotted to him the land described