2026:CGHC:17562 Digitally signed by JYOTI JYOTI SHARMA NAFR SHARMADate:

2026.04.21 11:28:48 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 353 of 2013 Kanshiram S/o Dukuram Sahu Aged About 53 Years R/o Badhiyatola, Tah. Dongargarh, Distt. Rajnandgaon C.G., Chhattisgarh ... Appellant(s)

versus

1. Kachru And Ors S/o Jhadu Marar Aged About 45 Years R/o Badhiyatola, Tah. Dongargarh, Distt. Rajnandgaon C.G., Chhattisgarh

2.a.Chamru S/o Sukalu Aged About 55 Years R/o Badhiyatola, Tah. Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.b. Mukti Bai W/o Chain Aged About 53 Years R/o Andi, Tah. Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.c. Amru S/o Sukalu Aged About 53 Years R/o Badhiyatola, Tah. Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.d. Sajan Bai W/o Manharan Aged About 49 Years R/o Itwaribazar, Khairagarh, Distt. Rajnandgaon C.G., District :

Rajnandgaon, Chhattisgarh

2.e. Surju S/o Sukalu Aged About 47 Years R/o Bhimnagar, Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.f. Surajbai W/o Jagdish Aged About 45 Years R/o Near House Of Gram Sewak, Bhadiyatola, Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.g. Surati S/o Sukalu Aged About 43 Years R/o Bhimnagar, Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.h.Surjin Bai W/o Hemu Aged About 41 Years R/o Dokrabhata, Chuikhadan, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

2.i. Bitawan Bai W/o Pardesi Aged About 39 Years R/o Bichbasti, Pandadah, Tah. Khairagarh, Distt. Rajnandgaon C.G., District :

Rajnandgaon, Chhattisgarh

3. Ramsukh S/o Chaitram Kalar Aged About 57 Years R/o Bhadiyatola, Tah. Dongargarh, Distt. Rajnandgaon C.G., District :

Rajnandgaon, Chhattisgarh

4. Khedi Bai W/o Jhaduram Aged About 65 Years R/o Badhiyatola, Tah. Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

5. State Of Chhattisgarh W/o Thru- District Magistrate, Tah. Dongargarh, Distt. Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh

6. Bharat S/o Jhadu Marar R/o Gaajmarra, Tah. Dongargarh, Distt.

Rajnandgaon C.G., District : Rajnandgaon, Chhattisgarh ... Respondent(s)

Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

17.04.2026

1. The plaintiff/appellant, has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for brevity CPC) against the judgment & decree dated

15.03.2013 passed by the Learned Additional District Judge, Dongargarh, C.G. in Civil Appeal No. 15-A/2007 (Kanshiram Vs. Kachru & Ors.) arising out of the judgment and decree dated 14.02.2006 passed by the Trial Court in Civil Suit No. 18-A/2000 (Kanshiram Vs. Kachru & Ors.) whereby the learned trial Judge has dismissed the suit of the plaintiff/ appellant. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiff instituted the suit seeking declaration that the registered sale deed dated 25.08.1998 (Ex.D/2) executed in favour of defendant No.3 be declared ineffective and not binding upon him, along with a decree for specific performance of the prior agreement of sale pleading inter alia that suit property is agricultural land bearing Khasra No. 308/1, area 0.12 acre, situated at Village Badhiyatola, Tahsil Dongargarh, District Rajnandgaon, recorded in the names of defendant No. 1 (Kachru), defendant No. 2 (Sukalu), defendant No. 4 (Khedibai) and deceased Phulbati Bai. According to the plaintiff, in a prior family partition between defendants Jhaddu (father of Kachru) and Sukalu, the suit land fell to the share of defendant No.2 Sukalu, who became its exclusive owner and was in possession thereof. It was pleaded that on 31.03.1994 (Ex. P-4) defendant No.2 Sukalu agreed to sell the suit land to the plaintiff for a consideration of Rs.6,750/-, executed a written receipt/agreement in the presence of witnesses, received the full sale consideration