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SOURABH 2026:CGHC:15364 BHILWAR NAFR

Digitally signed by SOURABH BHILWAR Date: 2026.04.06

10:40:34 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

MA No. 58 of 2026 Sumitra Bai W/o Shri Sumak Sai Aged About 50 Years R/o Village -

Kansabel, District Jashpur, Chhattisgarh.

... Appellant(s)

versus

1 - Mu. Tapeshwari D/o Shri Parasnath Gupta Aged About 70 Years R/o Village Kansabel, Tahsil Kansabel, District Jashpur, Chhattisgarh. 2 - Sunil Kumar Gupta S/o Shri Parasnath Gupta Aged About 50 Years R/o Village Kansabel, Tahsil Kansabel, District Jashpur, Chhattisgarh. 3 - Jyoti Gupta D/o Shri Parasnath Gupta Aged About 45 Years R/o Village Kansabel, Tahsil Kansabel, District Jashpur, Chhattisgarh. 4 - State Of Chhattisgarh Through The Collector, District Jashpur,

Chhattisgarh.

…. Respondent(s)

(Cause title is taken from CIS)

For Appellant(s) : Ms. Ankita Goswami, Advocate For Respondent/ State : Mr. Lekhram Dhruw, Panel Lawyer

Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

02/04/2026

1. The appellant/ defendant No.1 has preferred the present appeal

under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908,

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being aggrieved by the impugned judgment and decree dated 15.01.2026 passed by the learned Principal District Judge, Jashpur, District Jashpur (C.G.) in Civil Appeal No. 25-A/2025 (Mu. Tapeshwari & Ors. vs. Sumitra Bai & Anr.), Mu. Tapeshwari is the legal heir of original plaintiff Parasnath, arising out of the judgment and decree dated 13.08.2024 passed by the learned Civil Judge, Class-II, Bagicha, District Jashpur (C.G.) in Civil Suit No. 01-A/2019 (Parasnath Gupta vs. Sumitra Bai & Anr.), whereby the first appeal was partly allowed and the judgment and decree of the trial Court is set aside by the learned First Appellate Court and the case is remanded back to the trial Court for fresh adjudication with a direction to restore the suit to its original number and to pass a fresh judgment and decree after affording due opportunity to the parties, in

accordance with law.

2. The original plaintiff Parasnath instituted the suit for declaration of

title and confirmation of possession over the land situated at village Kansabel, as described in Schedule ‘B’ of the plaint, bearing total Khasra No. 02 admeasuring 0.202 hectares pleading inter alia that originally the land bearing Khasra Nos. 281 (0.036 hectares) and 282 (0.287 hectares) stood recorded in the names of Ghuthal and Dhirjan as Bhumiswamis, out of which, in the year 1975–76, Ghuthal, in need of money for domestic purposes, sold a portion of the said land, i.e., Khasra No. 281 admeasuring 0.036 hectares and Khasra No. 282 admeasuring 0.166 hectares, to the plaintiff for a consideration of Rs.25,000/- and delivered possession thereof. Since then the plaintiff has been in continuous, peaceful and

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uninterrupted possession of the suit land, having constructed a house and boundary wall thereon prior to 23.06.1980 and residing therein thereafter, under the provisions relating to grant of lease to occupancy holders, a patta was granted in favour of the plaintiff on 26.01.1996 by the Sub-Divisional OfÏcer, Bagicha with the consent of the original landowners, pursuant to which the plaintiff’s name was duly mutated in the revenue records. After a considerable lapse of time, defendant No.1 preferred an appeal before the Additional Collector, Jashpur, which was decided against the plaintiff, and the subsequent revision filed before the Board of Revenue, Bilaspur was also dismissed; thereafter, upon initiation of proceedings for taking possession of the suit land on the basis of the said orders, the plaintiff, being aggrieved, has filed the present suit within limitation

seeking declaration of title and confirmation of possession.

3. Per contra, the defendant No.1, in her written statement, has denied

the plaint averments as false and fabricated, contending that the suit land originally belonged to her husband and other co-sharers as joint holders and was never partiti