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2026 Supreme(Online)(Chh) 14873

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMJANAK – Appellant
Versus
MOHD.KASIM (DEAD THROUGH LRS) – Respondent


1) This second appeal has been preferred by the appellants/ defendants No. 6 and 7 under Section 100 of CPC against the judgment and decree passed by the learned IInd Additional District Judge, Ambikapur, District Sarguja in First Civil Appeal No. 37-A/2002 dated 1.9.2003, whereby the appeal preferred by the defendants No. 6 and 7 was dismissed and the judgment and decree passed by the Civil Judge, Class-I, Ramanujganj in Civil Suit No. 41-A/2000 dated 22.3.2002 were affirmed.

2) This second appeal was admitted for hearing vide order dated 23.12.2004 on following substantial questions of law :-

1. Whether the Courts below committed and error of law in holding that the document (Ex. P/1) an unregistered sale-deed confers any title upon plaintiff?

2. Whether the correct test in relation to perfection of title by way of adverse possession has not been applied by the Courts below and the finding is perverse on the face of record ?

3. Whether the lower appellate Court was obliged under the law to make an enquiry in relation to valid service of summons upon defendant No. 6 & 7 in the present facts and circumstances of the case.

3) The learned Counsel appearing for the appell

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