2025:CGHC:49073 AFR PAWAN KUMAR JHA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by PAWAN FA No. 1 of 2016 KUMAR JHA • Sevaram S/o Parasram Yadav, Aged About 71 Years Caste Yadav, R/o Village Paunsara, Presently at Nutan Colony, Sarkanda, Bilaspur, Tahsil District Bilaspur, Chhattisgarh.

--- Appellant/Plaintiff No. 1 versus

1. Dilip Kumar Yadav S/o late Shri Dayaram, Aged About 42 Years Caste Yadav, Cultivator, R/o Village And Post Paunsara, Uktipara, Police Station Koni, Tahsil And District Bilaspur, Chhattisgarh, Presently At Uslapur, Near Over Bridge Naka, Tahsil Takhatpur, District Bilaspur, Chhattisgarh.

2. Dinesh Kumar Yadav S/o late Shri Dayaram Yadav, Aged About 37 Years Caste Yadav, Cultivator, R/o Village And Post Paunsara, Uktipara, Police Station Koni, Tahsil And District Bilaspur, Chhattisgarh, Presently At Uslapur, Near Over Bridge Naka, Tahsil Takhatpur, District Bilaspur, Chhattisgarh.

3. Gulaba Bai W/o late Shri Dayaram, Aged About 61 Years Caste Yadav, Cultivator, R/o Village And Post Paunsara, Uktipara, Police Station Koni, Tahsil And District Bilaspur, Chhattisgarh, Presently At Uslapur, Near Over Bridge Naka, Tahsil Takhatpur, District Bilaspur, Chhattisgarh.

4. Smt. Umenda Bai W/o Shri Baldau Prasad, Aged About 56 Years Caste Suryawanshi, Occupation Housewife, R/o Village And Post Sakri, P.S.

Chakarbhatha, Tahsil Takhatpur District Bilaspur, Chhattisgarh.

5. State Of Chhattisgarh, Through Collector, District Bilaspur, Chhattisgarh --------Defendants

6. Ramphal Yadav Aged About 66 Years Caste Yadav, R/o Village Paunsara, Presently At Nutan Colony, Sarkanda, Bilaspur, Tahsil District Bilaspur, Chhattisgarh ..........(Plaintiff No.2)

---Respondents ____________________________________________________________

For Appellant : Mr. Ram Kumar Tiwari, Advocate For Respondents No. 1 to 3 :Mr. Priyank Pandey, Advocate on behalf of Mr. Suresh Pandey, Advocate For Respondent No. 5-State : Mr. Aman Tamboli, Panel Lawyer For Respondent No. 4 & 6 : None.

Hon'ble Shri Justice Parth Prateem Sahu Judgment on Board

24.09.2025

1. This first appeal under Section 96 CPC has been filed assailing the judgment and decree dated 23.09.2015 passed by learned Fifth Additional District Judge, Bilaspur, District Bilaspur (CG) in Civil Suit No. 83A/2014, by which the trial Court has dismissed the suit filed by the plaintiffs by impugned judgment and decree.

2. For the sake of convenience, the parties shall be referred to in terms of their status shown in Civil Suit No. 83A/2014 before the trial court.

3. Brief facts of the case as projected by the plaintiffs before the Trial Court are as under:

(i) The plaintiffs and defendants No.1 to 3 are joint owners and possessors of agricultural land situated at village Paunsara, P.H. No. 15/18, R.N.M. Beltara, Block Bilha, Tehsil and District Bilaspur (C.G.), bearing Khasra No. 240/5, area 0.14 acre, having a kitchen garden and a thatched house. The land was originally purchased in the year 1974 from one Jagannath Prasad in the name of Dayaram, out of the income derived from joint ancestral property. The suit property though recorded in the name of Dayaram, it was asserted to be joint family property, and the plaintiffs claimed joint possession along with defendants No.1 to 3.

(ii) It is pleaded that defendants No.1 to 3, without knowledge of the plaintiffs, suppressing material facts, executed a registered sale deed dated 13.03.2013 in favour of defendant No.4 for a consideration of ₹ 4,00,000. According to the plaintiffs, defendant No.4, is a resident of village Sakri and has never taken possession of the suit land. The sale deed is alleged to be sham, void, and executed in collusion between defendants No.1 to 3 and defendant No.4, with intent to harass and deprive the plaintiffs of their rights.

Upon getting knowledge about the said transaction, the plaintiffs obtained certified copy of the sale deed on 15.07.2013 and demanded cancellation of the same, which the defendants refused. Consequently, the