2025:CGHC:41961 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 109 of 2016 Reserved on : 17.06.2025 Delivered on : 20.08.2025 Bharat Sahu S/o Bharosa Sahu, Aged About 30 Years R/o Village Nangar Kohra, Police Station And Post Chichola, Civil And Revenue District Rajnandgaon, Chhattisgarh ..............Defendant No. 1.

... Appellant versus

1 - Geeta Bai Wd/o Late Mahettar, Aged About 65 Years R/o Village Nangar Kohra, Police Station And Post Chichola, Civil And Revenue District Rajnandgaon, Chhattisgarh.

2 - Anusuiya Bai W/o Kanglu Yadav, Aged About 50 Years R/o Gendatola, Police Station And Post Chhuriya, Tahsil Chhuriya, Civil And Revenue District Rajnandgaon, Chhattisgarh.

3 - Lachchhiram S/o Late Mahettar, Aged About 48 Years R/o Village Nangar Kohra, Police Station And Post Chichola, Civil And Revenue District Rajnandgaon, Chhattisgarh.

4 - Mangalin Bai D/o Late Mahettar, W/o Brijlal, Aged About 46 Years, R/o Village Peritola, Police Station And Post Chhuriya, Tahsil Chhuriya, Civil And Revenue District Rajnandgaon, Chhattisgarh.

5 - Shakun Bai D/o Late Mahettar, W/o Khorbahra Yadav, Aged About 40 Years, R/o Village Tilairawar, Tahsil Dongargaon, Police Station And Post Dongargaon, Civil And Revenue District Rajnandgaon, Chhattisgarh.

6 - Dukhiya Bai D/o Late Mahettar, W/o Ramji Yadav, Aged About 42 Years R/o Badhiyatola, Police Station, Post And Tahsil Chhuriya, Civil And Revenue District Rajnandgaon, Chhattisgarh.

7 - Sukhiya Bai D/o Late Mahettar, W/o Peetam Yadav, Aged About 40 Years R/o Village Jatkanhar, Police Station, Post And Tahsil Dongargarh, Civil And Revenue District Rajnandgaon, Chhattisgarh.

8 - State of Chhattisgarh, Through Collector, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

... Respondents For Appellant : Mr. Manoj Paranjpe, Advocate with Mr. Sandeep Patel, Advocate.

For Resp. No. 1 to 7 : Mr. Vidya Bhushan Soni, Advocate.

For State : Mr. Neeraj Sharma, Dy. Advocate General.

Digitally signed by ARUN ARUN KUMAR

KUMAR DEWANGAN

DEWANGAN Date:

2025.08.20

+0530

Hon'ble Shri Justice Narendra Kumar Vyas (CAV Judgement)

1. This is defendant’s first appeal against the judgment and decree dated

05.02.2016 passed by the learned District Judge, Rajnandgaon (C.G.) in Civil Suit No. 33-A/2007 by which learned trial Court has decreed the suit filed by the plaintiff and declared the sale-deed executed on

23.05.2007 as null and void.

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 33-A/2007.

3. Brief facts as reflected from plaint averments are that:-

(A) The original plaintiff Mahettar S/o Ramnath (who died during pendency of the suit and accordingly, the legal representatives of the plaintiff were brought on record), filed a suit for declaration of sale-deed dated 23.05.2007 as null and void mainly contending that plaintiff was having title and possession of the suit property situated at Village Naagar Kohra Tehsil and District Rajnandgaon bearing Khasra No. 463 area 3.33 acre (hereinafter referred to as “the suit property”). The suit property is valuable land and for the last so many years, the defendant with permission of plaintiff, is manufacturing bricks on the suit property with a condition that the land will be developed for utilizing for agricultural purposes. It is also case of the plaintiff that on 23.05.2007, the defendant with intention to commit fraud, asked him for execution of thumb impression on some documents for the purpose of insurance, goods manufactured by him i.e. raw bricks which may be caused damage due to rain. Since the plaintiff was uneducated and believing on defendant has put signature and wherever the defendant had asked him to go, he had gone with him. It has also been contended that the defendant has executed the sale-deed without any sale consideration.

(B) It is also case of the plaintiff that against the fraud committed by the defendant, he has preferred a complaint before the Police Station but no action has been taken by the authorities wh