NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET SAHU Date: 2025.12.01

16:49:03 +0530 SA No. 400 of 2018

1 - Shivmangal S/o Late Sonsai Aged About 45 Years Cast Gond, R/o Village-

Thaggaon (Samargada), Tahsil- Khandganwa, District- Korea, Chhattisgarh.

... Appellant versus

1 - Urmila W/o Ramdin Previous Husband Late Ram Singh, R/o Village-

Sous, Tahsil- Khandganwa, District- Korea, Chhattisgarh.

2 - Ram Jatan Singh S/o Moolchand Singh Aged About 29 Years R/o Village- Madanpur, Police Station And Tahsil- Baikunthpur, District- Korea, Chhattisgarh.

3 - Sukhdev Singh S/o Later Ranjit Singh Aged About 22 Years Cast Gond, R/o Village- Madanpur, Police Station And Tahsil- Baikunthpur, District-

Korea, Chhattisgarh.

4 - State of Chhattisgarh Through- Collector, Korea, District- Korea, Chhattisgarh.

... Respondent(s)

For Appellant : Shri Vivek Kumar Tripathi, Advocate.

For State : Shri Aman Tamboli, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

26.11.2025

1. This Second Appeal under Section 100 of Code of Civil Procedure, 1908 has been filed by the plaintiff against the impugned judgment and decree dated 21.03.2018 passed by the Additional District Judge (FTC) Korea in Civil Appeal No.6-A/2018 whereby the First Appeal filed by the appellant against the judgment and decree dated 27.08.2015 passed by IInd Civil Judge Class-I Baikunthpur, in Civil Suit No.145-A/2014 has been dismissed and the judgment and decree of trial court has been affirmed.

2. For the sake of convenience, the status of parties shown in the Civil Suit are being taken in the present Second Appeal.

3. The plaintiff filed a Civil Suit for declaration of title over the suit land of various Khasra numbers, total area 4.47 Hect. situated at village Amarpur, Tehsil Baikunthpur, District Korea; declaration of possession of plaintiff over the suit land; declaration of registered sale deed dated 28.02.2008 as illegal, null and void; revenue entries in the name of the defendant No.2&3 shall also be declared as null and void, and also for permanent injunction over the suit land. It is pleaded in the plaint that the suit land was owned by one Godhalu Gond who was having two sons namely Ramsingh and Devsingh. The suit lands were joint property of Ramsingh and Devsingh. Devsingh Gond died issuless since 12 years back and therefore the entire property of Godhalu Gond was inherited by Ramsingh. The wife of Ramsingh namely Urmila remarried during the lifetime of Ramsingh with one Ramdin, resident of village Sous. Subsequently, Ramsingh also died since 6 years back. It is also pleaded that after the death of Ramsingh, the entire property was inherited by the plaintiff who is cousin Uncle of late Ramsingh. Since wife of Ramsingh i.e. Urmila already remarried during the lifetime of Ramsingh, her right and title over the suit land was extinguished and plaintiff being the sole surviving heir in the family of their common ancestor Karimal, he inherited the property of late Ramsingh and came into possession of the same. It is also pleaded that the parties are Gond by caste and aboriginal Tribe. They are governed by their own customs and customary law. As per their customs, if the wife of land owner remarry with some other person during the lifetime of her husband, her right over the property of her earlier husband would be extinguished and she would not be a member of joint family. This custom is recognized by the Gond community of Korea and Surguja district. It is also the custom that widow was having a limited right over the property of her husband with respect to maintenance only and she could not be the absolute owner of the property and have no right to alienate the same.

In the present case, after death of Ramsingh, the defendant No.1 got mutated her name in the revenue records vide order dated 07.06.2005 passed by the Tehsildar Baikunthpur and alienated the suit land to the defendant No.2&3 through the registered sale deed dated 28.02.2008. The mutation order passe