2026:CGHC:16929 SOURABH BHILWAR SOURABH BHILWAR NAFR Date: 2026.04.17 10:41:33 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 557 of 2025 Smt. Dulaurin Bai W/o Late Dhalu Ram Sahu Aged About 68 Years R/o Bajrang Chowk, Ruabandha Basti, Bhilai, Tehsil And Distt. Durg, Chhattisgarh.

... Appellant(s)

versus

1 - Abhishek Kumar Verma S/o Ajay Prasad Verma Aged About 38 Years R/o Plot No. 02, Pink Lan, Maitrikunj, Risali, Bhilai Tehsil And Distt. Durg, Chhattisgarh.

2 - Smt. Savitri W/o Late Dhalu Ram Sahu Aged About 60 Years R/o Village Khopli, Tehsil And Distt. Durg, Chhattisgarh.

3 - Durga D/o Late Dhalu Ram Sahu Aged About 15 Years Through The Natural Guardian Mother Smt. Savitri, R/o Village Khopli, Tehsil And Distt. Durg, Chhattisgarh.

4 - Bharti D/o Late Dhalu Ram Sahu Aged About 13 Years Through The Natural Guardian Mother Smt. Savitri, R/o Village Khopli, Tehsil And Distt. Durg, Chhattisgarh.

5 - Mona D/o Late Dhalu Ram Sahu Aged About 12 Years Through The Natural Guardian Mother Smt. Savitri, R/o Village Khopli, Tehsil And Distt. Durg, Chhattisgarh.

6 - Rekha D/o Late Dhalu Ram Sahu Aged About 16 Years Through The Natural Guardian Mother Smt. Savitri, R/o Village Khopli, Tehsil And Distt. Durg, Chhattisgarh.

7 - Renu Sahu S/o Late Dhalu Ram Sahu Aged About 42 Years R/o Bajrang Chowk, Ruabandha Basti, Bhilai, Tehsil And Distt. Durg, Chhattisgarh.

8 - State Of Chhattisgarh Through District Collector, Distt. Durg, Chhattisgarh.

…. Respondent(s)

(Cause title is taken from CIS)

For Appellant(s) : Mr. Akash Kumar Kundu, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

13/04/2026

1. The present Second Appeal has been preferred by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, assailing the impugned judgment and decree dated 12.09.2025 passed by the learned 3^rd Additional District and Sessions Judge, Durg (C.G.) in Civil Appeal No. 147-A/2024 (Smt. Dulaurin Bai vs. Abhishek Kumar & Ors.), affirming the judgment and decree dated 30.07.2024 passed by the learned Addl. 1^st Civil Judge Senior Division to the Court of 1^st Civil Judge, Senior Division, Durg (C.G.), in Civil Suit No. 119-A/2022 (Smt. Dulaurin Bai vs. Abhishek Kumar & Ors.), whereby the civil appeal filed by the appellant/ plaintiff was dismissed. For the sake of convenience, the parties shall hereinafter be referred to as per their status before the Trial Court.

2. The plaintiff has instituted the suit against the defendants seeking a decree for declaration to the effect that the sale deed dated 16.08.2017 is illegal, void and not binding upon her pleading inter alia that the agricultural land bearing Khasra Nos. 335/1 and 339, admeasuring 0.21 and 0.47 hectares, respectively, situated at Village Khopli, P.H. No. 43, R.N. No. Anda, Tahsil and District Durg (C.G.), was recorded in the name of the plaintiff and she has been in possession thereof carrying out agricultural activities. It is further averred that the defendants, by playing fraud, got the said land transferred in their name by executing a sale deed dated 16.08.2017, by impersonating the plaintiff and her daughter through some other persons, as neither the plaintiff nor her daughter were present before the Sub-Registrar at the time of execution and registration of the said sale deed. It is further pleaded that the cause of action arose on 10.07.2020, and the plaintiff has valued the suit at Rs.7,00,000/- and affixed court fee of Rs.500/-, praying for a decree declaring the said sale deed as null and void.

3. Per contra, defendant No.1 has filed his written statement denying the entire claim of the plaintiff and has contended that he had purchased the suit land after paying the full consideration amount and got the same duly registered in his name. It is pleaded that prior to execution of the sale deed, an agreement to sell was executed between the parties, pursuant to which the plaintiff received the advance amount and thereafter, up