2025:CGHC:58199 Digitally signed NAFR by ALOK ALOK SHARMA SHARMA D 20 a 2 te 5 : .12.12

12:31:37 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 116 of 2010

1 – Smt. Sarojani Bai W/o Hirau lal Yadav, aged about 30 years, R/o Village Badtanga- Paraspani Via. Post Chirmiri, District Manendragarh (C.G.)

2 – Smt. Heera Bai Yadav W/o Chhatram Yadav, aged about 50 Years, R/o Premnage, M-30 Rajagamal Post Ompur Via Koraba District Koraba (C.G.)

3 – Dinbandhu S/o Anant Ram Ravat aged about 34 years R/o Beerpara Sarangarh, Dist Raigarh.

... Appellant(s)

versus

1 - Daridra Narayan Pujari Aged About 33 Years S/o Rudra Narayan, R/o Veerpara, Sarangarh, Distt.-Raigarh CG.

... Respondent(s)

For Appellant(s) : Mr. S. R. J. Jaiswal, Advocate.

For Respondent(s) : Mr. Raja Sharma, Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

Judgment on Board

27/11/2025

1. The present first appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the defendant Nos. 1 to 3 against the impugned judgment and decree dated 31.03.2010, passed by learned Additional District Judge, Sarangarh, District Raigarh in Civil Suit No. 36A/1999, whereby the civil suit filed by the plaintiff for declaration of title and possession of the suit property shown in schedule - A of the plaint situated at ward No. 9, Sarangarh, District Raigarh, has been decreed.

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

3. The plaintiff had filed a civil suit for declaration of his title and for possession of the suit property which is part of a house situated at ward No. 9, Sarangarh which is shown by marking of A,B,C,D, in the sketch map annexed with the plaint as schedule A. The plaintiff has pleaded in the plaint that the suit property is recorded in the municipal records in his name and he acquired it through registered gift deed dated 23.05.1979 from ex-rular Raja Naresh Chandra Singh and since then he is in title and possession holder of the suit property. He got mutated his name in the revenue and municipal records. The defendants are near relatives of the plaintiff and all of them were having cordial relation. Earlier they were residing at Panzari Lane, Sarangarh, in a house owned by the father of the plaintiff. Since the defendants were not having sufficient accommodation for their residence, they asked the plaintiff to permit them to reside at the suit property and then the plaintiff has given licence to the defendant to reside there at the suit property in the year 1989. The remaining part of the house is in possession of the plaintiff and only the A,B,C,D part of the suit property is in possession of the defendants. In the year 1990 when the plaintiff was in need of the suit property, he asked the defendants to vacate the same but defendants were evaded to handover the vacant possession of the suit property to the plaintiff and raised a dispute before the Sub Divisional Magistrate, Sarangarh under Section 145 of the Cr.P.C. The said proceeding under Section 145 of the Cr.P.C. was decided by the Sub Divisional Magistrate, Sarangarh and the possession of the defendants were held, over the suit property. The criminal revision filed by the plaintiff before the learned Additional Sessions Judge, Raigarh was also dismissed on 08.09.1995 and then the present civil suit has been filed for declaration of title and possession of the suit property against the defendants.

4. The defendants contested the claim of the plaintiff, denied his title over the suit property and filed their written statement. In the written statement the defendants have pleaded that the plaintiff has not specifically disclosed the date on which he put in possession of the suit property. They would also pleaded that ex-rular Raja Naresh Chandra Singh was not competent to execute the gift deed in favour of the plaintiff in the year 1979 as the suit property belongs to joint family and there was no partition between Raja N