2026:CGHC:11764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for Judgment On : 14.10.2025 Judgment Delivered On : 11/03/2026 Judgment Uploaded On : 11/03/2026 SA No. 237 of 2008

1 - Shah Mohammad S/o Fatte Mohammand Aged About 68 Years

2 - Lal Mohammad S/o Fatte Mohammand Aged About 65 Years

3 - Mustaque Mohammad S/o Fatte Mohammand Aged About 62 Years No.1 to 3 are Residents Of Bindra-Nawagarh, Tehsil Gariyaband, Distt.

Raipur

4 - Mohammad Abdahu Khan (Died) Through Lrs.-

4.-(A) Javed Khan S/o Late Shri Mohammad Abdahu Khan Aged About 56 Years R/o Civil Lines, Gariyabandh, District- Gariyabandh (C.G.)

4. (B) Jubaid Khan S/o Late Mohammad Abdahu Khan Aged About 54 Years R/o Civil Lines, Gariyabandh, District- Gariyabandh (C.G.)

5 - Abdul Ahmed Khan (Died) Through Lrs.-

5.(A) Jabir Khan S/o Late Shri Abdul Ahmad Khan Aged About 45 Years R/o Rampur Naddi, Pathanpura, Tehsil- Madhiyaun, District- Jaunpur (U.P.)

--- Appellants versus BALRAM PRASAD DEWANGAN 1 - (Deleted) Khatija Bai (Died) As Per Hon'ble Court Order Dated 21-10-024.

Digitally signed by BALRAM PRASAD DEWANGAN

2 - Roshan Bai (Died) Through Lrs.-

2.- (A) Adil Faruki S/o Sadiq Faruki Aged About 35 Years R/o Behind Jail, Aamdi, Tehsil And District- Gariyabandh (C.G.)

2.-(B) Anas Faruki S/o Sadiq Faruki Aged About 35 Years R/o Behind Jail, Aamdi, Tehsil And District- Gariyabandh (C.G.)

3 - Jarina Bai W/o Hashim Khan Aged About 50 Years Resident Of Bindra-

Nawagarh, Tehsil Gariyaband, Distt. Raipur

4 - State Of Chhattisgarh Through The Collector, Raipur

5 - Habib Mohammed S/o Isha Gani, Resident Of Tarri Near Gobra Nayapara, Raipur

6 - Julekha Widow Of Taiyab, Resident Of Bindra-Nawagarh, Tehsil Gariyaband, Distt. Raipur

7 - Bilkis Bano Wife Of Wahab Khan, Resident Of Kostapara, Dhamtari

8 - Rukhsana Bano Wife Of Mohammad Ali, Resident Of Mova, Post Saddu, Distt. Raipur --- Respondents (Cause title is taken from CIS)

Hon'ble Shri Justice Parth Prateem Sahu

CAV Judgment

1. This plaintiff’s second appeal is filed against the judgment and decree dated 03.05.2008, in Civil Appeal No.32-A/2006 (Shah Mohd. & Ors. Vs. Smt. Khatija Bai & Ors), passed by Additional District Judge, Gariyaband, District- Raipur (C.G.) affirming the judgment and decree passed by learned Trial Court in Civil Suit No.28-A/1998 dated 29.08.2000, passed by the Civil Judge Class-I, Gariyaband, District -

Raipur.

2. Facts relevant for disposal of this appeal are that Fatte Mohd. along with Abdahu Khan and Abdul Ahmed Khan have filed civil suit for declaration of title and permanent injunction with respect to the suit property bearing Kh. No.1/2 measuring 3.237 hectare, Kh. No.122 measuring 0.0655 hectare, Kh. No.123 measuring 0.081 hectare, total measuring 3.973 hectare of land situated at Village Bindra Nawagarh, P.C. No.45, R.I.Circle Gariyaband pleading therein that it was purchased by them vide registered sale deed dated 04.04.1972 from Khato Bai and since then they are in peaceful possession of the suit property. It was pleaded that at the time of execution of sale deed, Khato Bai stated that on part of the land, canal is to be constructed and she will take the compensation of land on which the canal is to be constructed. At the time of execution of sale deed, Rs.3,500/- has been paid before registration of sale deed and balance of Rs.500/- has been paid subsequently of which endorsement is made by seller of accepting money. After purchase of land, they have got the land cultivable. Khato Bai seller of the land along with one Hasam in greed have objected mutation proceedings and challenged the order of mutation. Revision filed by plaintiff in mutation proceeding before the Board of Revenue came to be dismissed and thereafter, Hasam Khan filed an application for mutation which made the plaintiff to file suit for declaration of title. In plaint alternate plea of adverse possession was also raised pleading therein that land was sold by Khato Bai within knowledge of defendant No.1. Seller received entire sale consideratio