2025:CGHC:59228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 507 of 2012

1 - Santram S/o Bandan Singh, Aged About 55 Years, R/o. Odekera, Tah.

And P.S. Dabhra, Distt. Janjgir-Champa, Chhattisgarh

2 - Madhuri Wd/o Bandan Singh, Aged About 70 Years, R/o. Odekera, Tah.

And P.S. Dabhra, District : Janjgir-Champa, Chhattisgarh ... Appellant(s)

versus

1 - Chamru S/o Ganga Ram Aged About 70 Years R/o. Odekera, Tah. And P.S. Dabhra, District Janjgir-Champa, Chhattisgarh

2 - Karma S/o Punuram Aged About 32 Years R/o. Odekera, Tah. And P.S.

Dabhra, District Janjgir-Champa, Chhattisgarh

3 - Jay Lal S/o Daulat Ram Aged About 60 Years R/o. Odekera, Tah. And P.S. Dabhra, District Janjgir-Champa, Chhattisgarh

4 - Sukhi Lal S/o Pila Ram Aged About 44 Years R/o. Odekera, Tah. And P.S. Dabhra, District Janjgir-Champa, Chhattisgarh

5 (a)- Mangli Bai Wd/o Suk Lal Aged About 38 Years R/o. Odekera, Tah.

And P.S. Dabhra, District Janjgir-Champa, Chhattisgarh (b) Parkhit S/o Suk Lal Aged About 21 Years R/o. Odekera, Tah. And P.S.

Dabhra, District Janjgir-Champa, Chhattisgarh (c) Shashipal S/o Suk Lal Aged About 11 Years (Minor), Through- natural guardian mother- Mangli Bai, Caste Kanwar, R/o. Odekera, Tah. And P.S.

Dabhra, District Janjgir-Champa, Chhattisgarh

6 - State Of Chhattisgarh, Through - Collector, Janjgir, P.S. Janjgir, District :

Janjgir-Champa, Chhattisgarh ... Respondent(s)

(Cause title taken from Case Information System)

VED For Appellant(s) : Mr. R.K. Tiwari, Advocate PRAKASH DEWANGAN For Respondent No.6/State : Mr. Kalpesh Ruparel, Panel Lawyer Digitally signed by VED PRAKASH DEWANGAN For other Respondents : None, though served.

Date: 2025.12.10 11:00:17 +0530 Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

05/12/2025 Heard

1. The present second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the appellants No.1 and 2 against the impugned judgment and decree dated 11.10.2012, passed by learned 2^nd Additional District Judge, Sakti, in Civil Appeal No. 74-A/2012, whereby the first appeal filed by the plaintiffs, has been allowed and judgment and decree dated 15.04.2010, passed by the learned Civil Judge Class-II, Dabhra, in Civil Suit No. 85-A/2007 was set-aside and a decree has been passed in favour of the plaintiffs.

2. The present second appeal has been admitted on 08.04.2013 on the following substantial question of law:-

“Whether finding of the lower appellate Court for title and possession of the respondents No. 1 & 5 is justified?

And by the order dated 04.11.2025, the typographical mistake in the substantial question of law has been corrected, which reads as under:-

“Whether finding of the lower appellate Court for title and possession of the respondents No. 1 to 5 is justified?

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

4. The plaintiffs had filed a civil suit for declaration of title over the suit land bearing khasra No. 406/3, area 2.52 acres, situated at village Odekera, tahsil Dabhra, district Janjgir-Champa, the entries in the relevant revenue records of the suit land be declared as illegal, permanent injunction against the defendants and confirmation of possession of the plaintiffs, and in alternative, if the Court does not found possession of the plaintiffs over the suit land, the delivery of possession of the suit land.

5. The pleadings made by the plaintiffs in the plaint that, the plaintiffs and defendants are relatives. The suit land was obtained by the plaintiffs in family partition from the lifetime of their ancestors and they are in possession of the same. Presently, the suit land is recorded in the name of defendants in the revenue records, but prior to recording of their names, the names of the plaintiffs and their ancestors were recorded. By the illegal mutation of the names of the defendants, they are claiming title over the suit land. On 01.07.1979, the defendant No.1 Santram had filed an application under Sectio