2026:CGHC:11284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for Judgment On : 10.10.2025 Judgment Delivered On : 09/03/2026 Judgment Uploaded On : 09/03/2026 SA No. 525 of 2019

1 - Ganesh Jaiswal S/o Late Gopi Jaiswal Aged About 65 Years R/o Bajrang Chowk, Balodabazar, Tehsil- Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh.

--- Appellant/Plaintiff versus

1 - Rambharos S/o Late Gopi Jaiswal Aged About 55 Years R/o Bajrang Chowk, Balodabazar, Tehsil Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh.

2 - Mantora Bai Wd/o Motilal Jaiswal Aged About 70 Years R/o Beltara Via Ratanpur, District- Bilapsur, Chhattisgarh.

3 - Durgibai Wd/o Durgaprasad Sahu R/o Lavanroad, Balodabazar, District-

Balodabazar-Bhatapara, Chhattisgarh.

4 - State Of Chhattisgarh Through The Collector Balodabazar, District-

Baloda Bazar-Bhatapara, Chhattisgarh.

--- Respondent(s)/Defendants (Cause title is taken from CIS)

____________________________________________________________

For Appellant : Mr. Shobhit Koshta, Advocate For Respondents No.1 to 3 : Mr. Pushpkumar Gupta, Advocate on behalf of Mr. B.P. Sharma, Advocate BALRAM PRASAD DEWANGAN For Respondent No.4/State : Mr. Ajay Kumrani, P.L.

Digitally signed by BALRAM PRASAD DEWANGAN Hon'ble Shri Justice Parth Prateem Sahu

CAV Judgment

1. This second appeal is filed by the appellant/plaintiff challenging the legality and sustainability of the impugned judgment and decree dated 14.03.2019, passed by the 2^nd Additional District Judge, Baloda Bazar in Civil Appeal No.71-A/2017, whereby learned 2^nd Additional District Judge has dismissed the appeal filed by appellant/plaintiff affirming the judgment and decree dated 31.10.2017, passed in Civil Suit No.81-A/2014, whereby learned Civil Judge Class-I, Balodabazar dismissed the civil suit filed by the plaintiff/appellant.

2. For the sake of convenience, parties will be referred to as per their respective status before the trial Court.

3. Facts relevant for disposal of this appeal are that plaintiff has filed a civil suit for declaration and joint possession of suit property pleading therein that property subject mater of the suit, description of which is mentioned in Para-2 of the plaint, is initially owned by Sunder Lal, who died near about in the year 1950. He was survived by his widow Sukhrani @ Sukhdaiya Bai and four daughters namely Ghuriya Bai, Janakdulari, Dhela Bai and Mantora. Family tree of Sunder Lal is extracted below for ready reference :-

Sunder Lal (died about 1950)

Sukhrani @ Sukhdaiya Bai (died 1993)

Ghuriya Bai Janakdulari @ Kachara Bai Dhela Bai Mantora

(Plaintiff)

Munna Shashikala

Rambharosa Ganesh Prasad

Def.No.1

4. In the plaint it is further pleaded that land bearing Kh. No.1071 measuring area 0.032 hectare and Kh. No. 2995/1 measuring 0.032 hectare total 0.064 hectare was owned by Sukhrani @ Sukhdaiya Bai and her daughters. Aforementioned property was situated at Balodabazar Lavan Road, it was not cultivated and was lying barren. Rambharosa one of the son of Ghuriya Bai had started construction over the land mentioned above, upon which, other son of Ghuriya Bai had objected to it upon which Rambharosa, defendant No.1 started quarreling stating that the property on which he is raising construction is purchased by him about 20-30 years ago from her maternal grand mother -Sukhrani @ Sukhdaiya Bai. It is also pleaded that the said plea and statement of Ram Bharosa is false because about 15-20 years ago, Ghuriya Bai (original plaintiff), defendant No.1 Ram Bharosa were residing together with Sukhrani @ Sukhdaiya Bai but Rambharosa has not given any information about purchasing of the land from Sukhrani @ Sukhdaiya Bai, nor mother of plaintiff had given any information in this regard. Sukhrani @ Sukhdaiya Bai was an old illiterate lady and taking undue advantage of it, registered sale deed got executed. Sale deed was without sale consideration. It is also pleaded that defendant No.1 got transferred the property in his name, his wife’s name an