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HIGH COURT OF CHHATTISGARH AT BILASPUR
2026:CGHC:12439 NAFR
SA No. 304 of 2019
Kheman Bai @ Khom Kunwar (Died) Through Legal Heirs
1 - Horilal S/o Late Ajit Ram Sahu Aged About 50 Years R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District :Bilaspur, Chhattisgarh
2 - Prakash Kumar S/o Late Ajit Ram Sahu Aged About 44 Years R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
3 - Ramesh Kumar S/o Late Ajit Ram Sahu Aged About 40 Years R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
4 - Sitaram Sahu S/o Late Ajit Ram Sahu Aged About 36 Years R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
5 - Smt. Pratima Sahu Wd/o Late Radheshyam Sahu Aged About 30 Years R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
6 - Praveen Kumar Sahu S/o Late Radheshyam Sahu Aged About 6 Years Minor Through Legal Guardian Mother Smt. Pratima Sahu, Wd/o Late Radheshyam Sahu, R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
7 - Smt. Geeta Sahu W/o Balmukund Sahu Aged About 51 Years D/o Late Ajitram Sahu, R/o Village Kargikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
8 - Smt. Raj Kumar Sahu W/o Shiv Prasad Sahu Aged About 48 Years D/o Ajitram Sahu, R/o Quarter No. 160, Yadunandan Nagar Tifra, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
9 - Smt. Shiv Kumari Sahu W/o Vyas Narayan Sahu Aged About 46 Years D/o Late Ajit Ram Sahu, R/o Village Dhurabhatha, Tahsil Korba, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
... Appellants
versus
1 - Johan Lal Sahu S/o Bhondu Sahu Aged About 60 Years R/o Village Mopka, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
2 - Dashrath Sahu S/o Bhondu Sahu Aged About 57 Years R/o Village Mopka, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
3 - Gokul Sahu S/o Bhondu Sahu Aged About 52 Years R/o Village Mopka, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
4 - Gajadhar Sahu S/o Late Mohan Lal Sahu Aged About 42 Years R/o Village Madai, Khamhariya, Tahsil Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
5 - Gulab Sahu S/o Late Mohan Lal Sahu Aged About 40 Years R/o Village Madai, Khamhariya, Tahsil Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
6 - Uttam Sahu S/o Late Mohan Lal Sahu Aged About 36 Years R/o Village Madai, Khamhariya, Tahsil Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
7 - Rukmin Bai Sahu W/o Bahoran Sahu Aged About 50 Years D/o Late Mohan Lal Sahu, R/o Village Madai, Khamhariya, Tahsil Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
8 - Smt. Meena Sahu D/o Late Mohan Lal Sahu Aged About 38 Years Houswife, R/o Village Tekari, Tahsil Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
9 - Hemini @ Hemin Bai Sahu W/o Late Sunder Lal Sahu Aged About 63 Years D/o Late Bhondu Sahu, Housewife R/o Village Karagikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
10 - Rahi Bai Sahu D/o Late Bhondu Sahu Aged About 55 Years Housewife R/o Village Karagikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
11 - Mathura Bai Sahu W/o Santosh Sahu Aged About 50 Years D/o Bhondu Sahu, Housewife R/o Village Karagikala, Tahsil Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
12 - State Of Chhattisgarh Through Its Collector, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
... Respondent(s)
(Cause title taken from CIS)
For Appellants : Shri S.B. Pandey, Advocate
For Respondent Nos. 2, : Shri Jayed Ziya Ali, Advocate appears 7, 8, 10 & 11 on behalf of Shri Arvind Shrivastava, Advocate
For Respondent/State : Shri Lekhram Dhruv, Panel Lawyer.
Hon'ble Shri Bibhu Datta Guru , Judge
Judgment on Board
16.03.2026
Sd/-
(Bibhu Datta Guru)
Judge
Shoaib/Gowri
1. By the present appeal under Section 100 of the CPC, the appellants/plaintiffs challenging the impugned judgment and decree dated 10.12018 passed by the Learned 9th Additional District Judge, Bilaspur Distt- Bilaspur (C.G.) in Civil Appeal No. (A) 85/2018 (Kheman Bai (died) through Legal heirs vs. Johanlal & Others) arising out of the judgment and decree dated 18.04.2018 passed by the learned Civil Judge, Class- II, Bilaspur, District Bilaspur (C.G.), in Civil Suit No. 23-A/11(Kheman Bai (died) through Legal heirs vs. Johanlal & Others). For the sake of convenience, the parties would be referred as per their status before the learned trial Court.
2. The present suit has been instituted by the plaintiffs seeking declaration of title and partition in respect of land situated at Village Mopka, P.H. No. 132, R.N.M., Tahsil and District Bilaspur, bearing Khasra Nos. 420, 666, 667/2, 1424, 1637 and 1777, having area 0.59, 0.22, 0.04, 1.51, 0.55 and 1.19 acres respectively, total 4.10 acres (hereinafter referred to as the suit land).
3. It is undisputed that the original plaintiff and defendants No.9 to 11 are the daughters of late Bhondu, while defendantsNo. 1 to 3 and late Mohanlal are the sons of late Bhondu.
Defendants No. 4 to 8 are the sons and daughters of late Mohanlal, who was also the son of late Bhondu. Thus, late Bhondu had four sons and four daughters. Late Bhondu died on 30.06.1991.
4. The case of the original plaintiff is that after the death of her father, the suit land devolved upon all the legal heirs and both parties remained in possession and cultivated the land jointly. The plaintiff was allegedly receiving five bags of paddy annually as her share until the year 2004, after which the defendants stopped giving her share. When she demanded partition, the defendants refused in June 2005. On inquiry from the Patwari, she came to know that defendants No. 1 to 3 and late Mohanlal had allegedly got mutation (fauti entry) recorded in their favour without informing her. The plaintiff further stated that upon learning about the mutation, she filed an appeal before the Sub-Divisional OfÏcer, Bilaspur in Revenue Appeal No. 185-A-6/03-04, seeking entry of her name along with her brothers in the revenue records. The said appeal was dismissed by order dated 23.05.2006, with liberty to approach the Civil Court.
5. According to plaintiff that since late Bhondu had four sons and four daughters, the suit property devolved upon all of them by inheritance. Therefore, under the provisions of the Hindu Succession Act, she is entitled to declaration of her title and 1/8th share in the suit land. Defendant No. 12 (State of Chhattisgarh) has been impleaded only as a formal party and no relief is claimed against it.
6. The Defendants No. 2 to 9 and 11 filed written statement denying the plaint allegations. They contend that the suit land originally stood in the name of late Bhodu Ram prior to 20.06.1990, and during his lifetime he executed partition deeds dated 02.11.1979 and 28.09.1989, whereby he distributed his self-acquired properties among his sons. Based on such partition, mutation orders were passed on 30.12.1980 and 20.06.1990, and separate revenue accounts were created.
7. According to the defendants, after partition the respective sons became exclusive owners of different portions of land. Since the property had already been partitioned during the lifetime of late Bhodu, the plaintiff has no right or share in the suit property. The defendants further submit that the plaintiff had knowledge of the partition and separate possession since 1979, as the brothers had been living separately and social customs such as festivals and ceremonies were also performed separately. It is also contended that no fauti mutation was done after the death of Bhodu, and the plaintiff’s appeal before the SDO was rejected as the land was not recorded in Bhodu’s name at that time. It is also pleaded that the cause of action
