SATISH TUMANE Digitally s S i A g T n I e S d H by TUMANE Date:

2026.03.11 2026:CGHC:11562-DB

15:05:41 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved on 13/02/2026 Pronounced on 11/03/2026 First Appeal No.35 of 2020 Satyaprakash Saraf, S/o Late Khatanand @ K. Anand Saraf, Aged About 51 Years, R/o House No.M./1174, Adarsh Nagar, Kushmunda, Tahsil Katghora, District Korba (C.G.)

... Appellant/Plaintiff versus

1 - Smt. Asha Saraf W/o Dharamprakash Saraf Aged 41 Years R/o House No.

I/22, 15 Block Colony, S.E.C.L. Korba (C.G.)

2 - Daramprakash Saraf S/o Late Khatanand @ K. Anand Saraf, Aged 56 Years, R/o House No. I /22, 15 Block Colony, S.E.C.L. Korba (C.G.)

3 - State Of Chhattisgarh Through Collector, Bilaspur (C.G.)

... Respondents/Defendants For Appellant : Shri B. P. Gupta, Advocate For Respondent No.1 : Shri Arvind Shrivastava, Advocate For Respondent No.2 : Shri Dharam Prakash Saraf appears in person For Respondent No.3/State : Shri Kanwaljeet Singh Saini, Dy.GA D.B.: Hon’ble Shri Justice Sanjay S. Agrawal Hon’ble Shri Justice Amitendra Kishore Prasad

C A V Judgment

Per Sanjay S. Agrawal, J.

1) This appeal has been preferred by the plaintiff under Section 96 of the Code of Civil Procedure, 1908, questioning the legality and propriety of the judgment and decree dated 29/11/2019 passed by the Additional District Judge, Bilaspur (C.G.) in Civil Suit No.55-A/2014, whereby, his claim has been refused. The parties shall be referred hereinafter as per their description before the trial Court.

2) The facts, which are essential for adjudication of this appeal, are that the plaintiff instituted a suit claiming declaration to the effect that a registered deed of Will, dated 05/09/2007 executed by his father, namely, Khatanand in favour of his sister-in-law (Bhabhi), the defendant No.1-Smt. Asha Saraf, with regard to the land in question bearing Khasra No.748/2 admeasuring 0.38 decimal situated at Village Tifra, Tehsil and District Bilaspur, be declared as null and void and, praying further for issuance of injunction restraining her from creating any third party interest over the alleged suit land.

3) According to the plaintiff, the alleged suit land was recorded in his father’s name in revenue papers, while the land adjoining to it, i.e., land bearing Khasra No.748/5 admeasuring 0.38 acres was recorded jointly in his name as well as of his brother’s name, namely, Dharam Prakash Saraf, the defendant No.2, who is the husband of said Smt. Asha Saraf. It is pleaded further by the plaintiff that initially both these lands were leased out to the Bharat Petroleum Corporation Limited for running a Petrol Pump and, the possession of it was thereafter obtained by them jointly in execution of a decree drawn on 01/12/1998 passed in Civil Suit No.69-A/1998 “Khatanand and another vs. Bharat Petroleum Corporation Limited”. It is pleaded further that after the death of his father, he came to know regarding the execution of the alleged registered deed of Will, dated 05/09/2007, when a closed envelop was opened in his presence that it was bequeathed by his father to the defendant No.1, who got the revenue papers mutated in his absence based upon it vide order dated 25/07/2012 passed by the Tehsildar, Bilaspur in Revenue Case No.155/A-6/2010-11.

4) Further of his plea is that he came to know, later on, in the month of October, 2013, regarding the execution of the registered deed of Will, dated 15/08/2008 and also the deed of arrangement made by his father, whereby, the alleged lands were bequeathed by him in his favour as well as of his brother-Dharam Prakash Saraf, the defendant No.2 and, it was pleaded further that because of its execution, the earlier Will has come to an end, but when it was not given effect to, he was, therefore, constrained to institute a suit in the instant nature, instituted on 11/03/2014.

5) While contesting the aforesaid claim, it was pleaded by the defendants in their separate written statements that the total area of the land