NAFR Digitally signed by ALOK HIGH COURT OF CHHATTISGARH AT BILASPUR ALOK SHARMA SHARMA D 20 a 2 te 5 : .12.19

17:18:33 +0530 SA No. 360 of 2016

1 - Gajpati Tiwari Alias Gajju Lal S/o Late Radhika Prasad Tiwari, Aged About 63 Years R/o Village Khilora, Post Chhachhaanpairi, Tahsil Abhanpur, District Raipur, Chhattisgarh, Civil And Revenue District Raipur..........Plaintiff , Chhattisgarh ... Appellant(s)

versus

1 - Smt. Deepti Pandey W/o Shri Nand Kumar Pandey, Aged About 43 Years R/o Village And Post Chiklaaksa, Tahsil Balod District Durg, Chhattisgarh, Chhattisgarh

2 - State Of Chhattisgarh Through The Collector, Raipur, Chhattisgarh.......Defendants , District : Raipur, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Karunendra Narayan Singh, Advocate.

For Respondent No. 1 : Mr. Prasoon Agrawal, Advocate.

For Respondent No.2/State : Mr. Aman Tamboli, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

Judgment on Board

14/11//2025

1. The instant appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the plaintiff/appellant against the impugned judgment and decree dated 13.04.2016 passed by learned District Judge, Raipur in Civil Appeal No. 26-A/2011, whereby the appeal filed by the appellant has been dismissed and the judgment and decree dated 20.09.2011 passed by learned

4^th Civil Judge Class-II, Raipur in Civil Suit 40-A/2010 has been affirmed.

2. For the sake of convenience the status of the parties has shown in the Civil Suit are being taken as status of the parties in the present appeal.

3. The present second appeal has been admitted on 02.12.2022 on the following substantial question of law:

“A. Whether the judgment and decree of the First Appellate Court is liable to be set-aside merely on the ground that application filed under Order 41 Rule 27 of the C.P.C. has been decided separately.”

4. The plaintiff filed a suit for declaration of title, permanent injunction and the sale deeds dated 22.11.2007 and 29.01.2008 be declared as null and void and in alternative claimed for vacant possession of the suit property. The claim of the plaintiff is that the plaintiff and his brother Sanad Kumar Tiwari were having ancestral property at village Khilaura. In the family partition between two brothers, his elder brother Sanad Kumar Tiwari was given excess land under the local family settlement as ”Jethasi”. After death of Sanad Kumar Tiwari, the lands was inherited by his wife Kanta Bai Tiwari. Since Sanad Kumar Tiwari and Kanta Bai Tiwari were issue less, they were taken care by the present plaintiff and she surrendered the entire land to the plaintiff in presence of the witnesses. The defendant No.1 is the daughter of sister of Kanta Bai who occasionally came to her house. The defendant No. 1 has got mutated her name in the revenue records after death of Kanta Bai through the forged documents, therefore, he filed the civil suit for declaration of the title, permanent injunction and declaring the sale deeds 22.02.2007 and 29.01.2008 as null and void and also for possession.

5. The defendant No. 1 contested the suit and filed her written statement and pleaded that the suit property was owned by Sanad Kumar Tiwari alone and after his death, it was inherited by his wife Kanta Bai Tiwari. The plaintiff has never taken care of either Sanad Kumar Tiwari or Kanta Bai. Sanand Kumar Tiwari has died in the year 1963-64 and at that time, the plaintiff was aged about 14-15 years. The nurture of the plaintiff was taken care by the Kanta Bai Tiwari. By the lapse of time his behavior became deteriorating with Kanta Bai and ultimately partition took place between the plaintiff and Kanta Bai and suit properties comes into the share of Kanta Bai Tiwari. He executed a sale deed on 23.11.2007 and 29.01.2008 in favour of the defendant No. 1, sufficient consideration was paid to her and after its purchase the name of defendant No. 1 was mutated in the revenue records and she is in possession. The suit property was never hold