2026:CGHC:19281 Digitally signed by NAFR JYOTI JYOTI SHARMA SHARMADate:

2026.04.28

10:31:49 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 8 of 2020

1. Dauram Sahu S/o Anand Ram Sahu Aged About 53 Years R/o Village - Balsamund, Police Station And Tahsil Bemetara, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

2. Pyari Bai W/o Dauram Sahu Aged About 51 Years R/o Village - Balsamund, Police Station And Tahsil Bemetara, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

3. Ranu Sahu D/o Dauram Sahu Aged About 27 Years W/o Umrao Sahu, R/o Village Tora, Tahsil - Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

4. Reena Bai D/o Dauram Sahu Aged About 22 Years W/o Munna Sahu, R/o Village Khapri, Tahsil - Nawagarh, Up - Tahsil - Nandghat, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh

5. Himanchal S/o Dauram Sahu Aged About 23 Years R/o Village Balsamund, Police Station And Tahsil - Bemetara, District Bemetara Chhattisgarh. (Defendants), District : Bemetara, Chhattisgarh ... Appellant(s)

versus

1. Gayaram Sahu S/o Dauram Sahu Aged About 33 Years R/o Village Balsamund, Police Station And Tahsil Bemetara, District Bemetara Chhattisgarh. (Plaintiff), District : Bemetara, Chhattisgarh

2. State Of Chhattisgarh Through Collector, Bemetara, District Bemetara Chhattisgarh. (Defendant), District : Bemetara, Chhattisgarh ... Respondent(s)

(Cause title is taken from CIS)

For Appellant(s) : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent No. 1 : Mr. Bharat Rajput, Advocate For Respondent/ State : Mr. Anand Gupta, Dy. G.A.

Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

27/04/2026

1. The present Second Appeal has been preferred by the appellants/defendants under Section 100 of the Code of Civil Procedure, 1908, assailing the impugned judgment and decree dated 05.10.2019 passed by the learned District Judge, Bemetara (C.G.) in Civil Appeal No. 18-A/2019 (Gayaram Sahu Vs. Dauram Sahu & Ors.), whereby the learned First Appellate Court partly allowed the appeal and modified the judgment and decree dated 17.01.2019 passed by the learned Civil Judge, Class-I, Bemetara (C.G.) in Civil Suit No. 29A/2016, and declared the plaintiff to be entitled to 1/5th share in the suit property.

2. For the sake of convenience, the parties shall hereinafter be referred to as per their status before the Trial Court.

3. The plaintiff instituted a Civil suit against the defendants seeking declaration, partition and separate possession in respect of the lands described in Schedules ‘A’, ‘B’ and ‘C’, situated at Village Balsamund, Village Pendri and Village Katalbod, Tahsil Bemetara, District Bemetara (C.G.), pleading inter alia that the parties are governed by Hindu Mitakshara law and belong to a joint Hindu family. It is pleaded that defendant No.1 is the father of the plaintiff and had first married Champabai, from whom the plaintiff was born. During the subsistence of the said marriage, defendant No.1 allegedly contracted a second illegal marriage with defendant No.2 Pyaribai, from whom defendant Nos.3 to 5 were born. The plaintiff contended that defendant No.2, being an illegal wife, and defendant Nos.3 to 5, being born out of such relationship, have no right, title or interest in the suit properties. It is further pleaded that the suit properties are ancestral properties which defendant No.1 had received from his father and through partition with his brothers. The plaintiff claimed that being the legitimate son of defendant No.1, he is entitled to half share in the ancestral properties. The plaintiff averred that on 13.02.2016 he demanded partition of his 1/2 share through village elders, but defendant No.1 refused to partition the properties. Thereafter, a legal notice was issued calling upon defendant No.1 to partition the suit lands and correct the revenue records, but the same was denied by defendant No.1. Hence, the plaintiff filed the present suit.

4. (i) The defendants/respond