2026:CGHC:11530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment Reserved on: 11/12/2025 Judgment Delivered on: 10/03//2026 FA No. 161 of 2010

1 - Smt. Rushda Bano D/o Marhum Samsher Khan Aged About 30 Years Begum - Shaikh Asif Ali, Present Address - Beed Para, Near Punjab National Bank Raigarh, Tahsil And District Raigarh (C.G.),....(Plaintiffs)

2 - Zyyena Khan D/o Marhum Samsher Khan Aged About 28 Years R/o Near Raipur Bekri, Qr. No. 22/415 (Present No. 41/340), Baijnath Para, Mohammad Rauf Ward No. 41, Tahsil And District Raipur (C.G.)

... Appellant(s)

versus

1 - (Died), Shabbir Khan, Through Legal Heir, As Per Honble Court Order Dated 08-12-2023

1.1 - (A) Shamim Begam W/o Sabbir Khan Aged About 63 Years Resident Of Baijnathpara, Mohammad Rauf Ward No. 41, Raipur, District Raipur (C.G.)

1.2 - (B) Tabsum D/o Sabbir Khan Aged About 35 Years Resident Of Baijnathpara, Mohammad Rauf Ward No. 41, Raipur, District Raipur (C.G.)

1.3 - (C) Yusuf Khan S/o Sabbir Khan Aged About 46 Years Resident Of Baijnathpara, Mohammad Rauf Ward No. 41, Raipur, District Raipur (C.G.)

1.4 - (D) Ahmed Khan S/o Sabbir Khan Aged About 44 Years Resident Of Baijnathpara, Mohammad Rauf Ward No. 41, Raipur, District Raipur (C.G.)

1.5 - (E) Fidous D/o Sabbir Khan Aged About 31 Years Resident Of Baijnathpara, Mohammad Rauf Ward No. 41, Raipur, District Raipur (C.G.)

1.6 - Arifa S/o Sabbir Khan Aged About 30 Years Resident Of Baijnathpara, Mohammad Rauf Ward No. 41, Raipur, District Raipur (C.G.)

2 - Nagar Palik Nigam Raipur Through Commissioner Nagar Palik Nigam Raipurm, Nagar Palik Nigam Office, Jaistambh Chowk, Raipur (C.G.)

... Respondent(s)

Digitally signed

ALOK b S y H A A L R O M K A

SHARMA Date:

2026.03.10

For Appellant(s) :

Ms. Renu Kochar, Advocate.

For Respondent(s) :

Ms. Anju Ahuja, Advocate.

Hon'ble Shr i Justice Ravindra Kumar Agrawal, J.

CAV Judgment

1. The present first appeal under Section 96 of the CPC has been filed by the plaintiffs against the impugned judgment and decree dated 23-09- 2010 passed by the learned 7^th Additional District Judge, Raipur, District Raipur in Civil Suit No. 05-A/2009, whereby the suit filed by the plaintiffs for declaration of title, permanent injunction and for possession of the suit property, has been dismissed.

2. For the sake of convenience, the status of the parties shown in the suit is being taken to refer to the respective parties in the present appeal.

3. The plaintiffs have filed a civil suit against the defendants for declaration of title over the suit property of House No. 41/340, situated at Baijnath Para, Mohd. Rauf Ward No. 41, Raipur, permanent injunction and vacant possession of the first floor of the suit property from the defendants, and also for damages. The admitted facts of the case are that the parties are governed by Mohammedan Law. The plaintiffs and defendant No. 1 are the children of Late Shamsher Khan. The defendant No. 1 was born from the first wife of Shamsher Khan, namely Putlan Be, who died in the year 1951. In the year 1956, Shamsher Khan performed the second marriage with Jameela Khatoon, from whom the plaintiffs were born. Shamsher Khan died on 23-04-1999. During his lifetime, Shamsher Khan purchased a house from his own income at Baijnath Para, Raipur, from its owner Mohan Lal and Others, through the registered sale deed dated 21-11-1972, and came into possession of the same. Presently, the suit property is known as House No. 41/340. It is also the admitted fact that Shamsher Khan got his name mutated in Municipal Records and moved an application for the grant of permission to raise additional construction, and the sanction of the map, which was approved on 09-03-1973, and after its renovation, he started residing over the suit property along with his family. After attaining the majority, the defendant No. 1 joined the business of his father and got his name added along with his father’s name in the business in the relevant official records.

4. The plaintiffs have filed the suit with the pleadings t