2026:CGHC:17646 SOURABH BHILWAR SOURABH BHILWAR NAFR Date: 2026.04.22 13:02:35 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 614 of 2017 Gopal Ram S/o Ram Ratan Aged About 47 Years Caste- Gond, R/o Village Ketka, Police Station And Tehsil Surajpur, Revenue And Civil District Surajpur, Chhattisgarh., Chhattisgarh ... Appellant(s)

versus

1 - Jawahir S/o Girja Prasad Aged About 43 Years All The Respondents Are Gond By Caste And R/o Village- Ketka, Police Station And Tehsil-

Surajpur, District Surajpur, Chhattisgarh

2 - Dewari Lal S/o Girja Prasad Aged About 38 Years All The Respondents Are Gond By Caste And R/o Village- Ketka, Police Station And Tehsil- Surajpur, District Surajpur, Chhattisgarh.

3 - Fulesia S/o Girja Prasad, Aged About 48 Years All The Respondents Are Gond By Caste And R/o Village- Ketka, Police Station And Tehsil-

Surajpur, District Surajpur, Chhattisgarh.

4 - Jagmohan S/o Nidhur, Aged About 52 Years All The Respondents Are Gond By Caste And R/o Village- Ketka, Police Station And Tehsil-

Surajpur, District Surajpur, Chhattisgarh.

5 - Rai Singh S/o Nidhur Aged About 50 Years All The Respondents Are Gond By Caste And R/o Village- Ketka, Police Station And Tehsil-

Surajpur, District Surajpur, Chhattisgarh

6 - State Of Chhattisgarh, Through Collector, Surajpur, District Surajpur, Chhattisgarh.

…. Respondent(s)

(Cause title is taken from CIS)

For Appellant(s) : Mr. Surfaraj Khan, Advocate For Respondent/State : Mr. Anand Gupta, Dy. Govt. Advocate Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

17/04/2026

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 28.07.2017 passed by the learned 3^rd Additional District and Sessions Judge, Surajpur, District Surajpur (C.G.) in Civil Appeal CNR No. CGSJ010000872012 (Gopal Ram vs. Jawahir & Ors.), affirming the judgment and decree dated 24.07.2012 passed by the learned Civil Judge Class-I, Surajpur, District Surajpur (C.G.), in Civil Suit No. 99-A/2004 (Gopal Ram vs. Girja Prasad (died) & 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 for declaration of title, permanent injunction and, in the alternative, recovery of possession in respect of the suit land bearing Khasra No. 11 admeasuring 3.616 hectares situated at Village Ketka, Tahsil and District Surajpur, as described in Schedule “A” of the plaint, pleading inter alia that late Gahbar, being issueless, had kept the plaintiff with him for managing his agricultural land and for rendering personal care to him and his wife. After the death of Gahbar, his widow Sukhwaro Bai became the sole owner of the suit land in accordance with prevailing custom and her name was recorded in the revenue records. The plaintiff continued to serve her and manage the land, and being satisfied, she executed a registered Will dated 08.02.1994 in favour of the plaintiff (preceded by an unregistered adoption deed dated 01.08.1992). The plaintiff further asserts that after the death of Sukhwaro Bai, he became owner and came into possession of the suit land on the basis of the said Will. However, the defendants allegedly got their names recorded in the revenue records on the basis of a forged Will and are now attempting to dispossess the plaintiff, necessitating the filing of the suit.

3. Per contra, defendants No. 1 to 4, in their written statement, have contended that their father late Nidhur and late Gahbar were brothers born of the same mother, and that it was the defendants who were rendering services to late Gahbar and late Sukhwaro Bai and cultivating the suit land. It is further pleaded that late Gahbar had executed a Will dated 29.12.1987 in favour of the defendants, on the basis of which they became the owners and are in possession of the su