2025:CGHC:41963 AFR HIGH COURT OF CHHATTISGARH, BILASPUR Reserved on 23.06.2025 Pronounced on 20.08.2025 FA No. 31 of 2006

1 - Devendra Kumar S/o Ramsharan Kurmi, Aged About 20 Years Through Guardian Ramsharan As Presently Unfit (Due To Mental Disorder), R/o Village Bemcha Pass Mahasamund, Tahsil And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

2 - Mayank Kumar, S/o Ramsharan Kurmi, Aged About 18 Years R/o Village Bemcha Pass Mahasamund, Tahsil And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ... Petitioner(s)

versus

1 - Manharan Lal (Died) Through Lrs

1.1 - Deleted (Ram Bai), Honble Court Order Dated 03/01/2022.

1.2 - Chandrahas S/o Late Shri Manharan Lal, Aged About 50 Years R/o Purana Rawan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

1.3 - Hemant Kumar (Died) Through Legal Heirs

1.3.1 - Smt. Lata Chandrakar, W/o Late Shri Hemant Kumar, Aged About 49 Years R/o Village Purana Ravan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund, District Mahasamund (Chhattisgarh), District :

Mahasamund, Chhattisgarh

1.3.2 - Sakshi D/o Late Shri Hemant Kumar Aged About 27 Years R/o Village Purana Ravan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund, District Mahasamund (Chhattisgarh), District :

Mahasamund, Chhattisgarh

1.3.3 - Pragya D/o Late Hemant Kumar, Aged About 24 Years R/o Village Purana Ravan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

1.3.4 - Kritika D/o Late Hemant Kumar, Aged About 21 Years R/o Village Purana Ravan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

1.4 - Naveen Chandrakar S/o Shri Manharan Lal, Aged About 44 Years R/o Purana Rawan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

1.5 - Ajay Chandrakar S/o Shri Manharan Lal, Aged About 42 Years R/o Purana Rawan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

1.6 - Dr. Savita Chandrakar, D/o Late Manharan Lal, Aged About 46 Years R/o Purana Rawan Bhatha, Near Old Government Hospital, Ward No. 12, Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh 2 - Smt. Radhika Bai, W/o. Ramsharan, Aged About 43 Years R/o Village Bemcha Pass Mahasamund, Tahsil And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

3 - State Of MP (Now Cg) Through The Collector Mahasamund, Tahsil And District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondents For Appellants : Mr. P.N. Bharat, Sr. Advocate with Mr. Mayank Chandrakar, Advocates For R1(A) to 1(F) : Mr. Manoj Paranjpe, Mr. Anurag Singh and Mr.

Sandeep Patel, Advocates R2 : Mr. Roop Naik and Mr. Sabyasachi Bhaduri, Advocates For State : Ms. Saumya Sharma, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

CAV Judgment

1. This is plaintiffs’ first appeal under Section 96 of the CPC challenging the judgment and decree dated 05.10.2005 passed by the learned first Additional District Judge, Mahasamund (C.G.) in Civil Suit No. 12-A/2001 by which the learned trial Court has dismissed the suit filed by the plaintiffs.

2. For convenience the description of the plaintiffs and defendants are referred to as it exists before the learned trial Court.

3. The brief facts as reflected from the plaint’s averments are that A. The plaintiffs filed a civil suit for declaring the sale deed 14.09.1995 as null and void and also claimed relief of possession contending that the land situated in village Bemcha P.H.No. 141, Tehsil Mahasamund, Khasra No. 310/2 area 1.327 (hereinafter referred to as suit property) was recorded in the name of the plaintiffs in the revenue records as the plaintiffs' maternal uncle had purchased the same in the name of the plaintiffs. On 14/09/95 mo