Advocates:
['AK DAS', 'ASHWANI KUMAR', '', 'H S PATEL', 'ADITYA BHARDWAJ', 'B D GURU', 'S R J JAISWAL', 'RAJENDRA TRIPATHI', 'S S Baghel', 'JP PANDEY', 'JOHN MASIH', 'NILESH KOTECHA', 'KU LALITA SARKAR', 'SK JAISWAL', '', 'C L KOTECHA', 'PANKAJ AGRAWAL']

1

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Second Appeal No. 299 of 1999

Judgment Reserved on 07.03.2022

Judgment Delivered on 29.04.2022

1. Ramdas S/o Ghasiyadas Aged About 16 Years Minors Through

Natural Guardian Mother Smt. Prembai W/o Ghasiya Das, Aged

About 53 Years, R/o Village Raipura, Tehsil Sakti, District Bilaspur

Madhya Pradesh, Chhattisgarh

2. Munna S/o Ghasiyadas Aged About 15 Years Minor Through Natural

Guardian Mother Smt. Prembai W/o Ghasiya Das, Aged About 53

Years R/o Village Raipura, Tehsil Sakti, District Bilaspur, Madhya

Pradesh

3. Sumitra Bai D/o Ghasiya Das Aged About 25 Years R/o Village

Raipura, Tehsil Sakti, District Bilaspur Madhya Pradesh

4. Amritdas S/o Ghasiya Das Aged About 30 Years R/o Village

Raipura, Tehsil Sakti, District Bilaspur Madhya Pradesh

---- Appellants

Versus

• Nohar Das S/o Jandhir Das Mahant Aged About 50 Years R/o

Village Raipura, Tahsil Sakti, District Bilaspur, Madhya Pradesh,

Chhattisgarh

---- Respondent

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For Appellants

:

Shri Anuroop Panda, Advocate

For Respondent

:

Shri H.B. Agrawal, Sr. Advocate with

Ms. Swati Agrawal, Advocate

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Hon'ble Shri Justice

Narendra Kumar Vyas

CAV Judgment

1. The appellants/defendants have filed the Second Appeal under

Section 100 of the C.P.C. challenging the judgment and decree

dated 06.01.1999 passed by the learned Additional District Judge,

Sakti District - Bilaspur in Civil Appeal No. 14-A/97, by which

learned Additional District Judge, Sakti has allowed the appeal

setting aside the judgment and decree dated 28.02.1997 passed

2

by the Second Civil Judge Class –2, Sakti, District - Bilaspur in

Civil Suit No. 48-A/89 by which learned Second Civil Judge Class-

2 has dismissed the suit on count that the plaintiff has failed to

prove their possession.

2. The appeal was admitted on 06.08.1999 on the substantial

question of law as under :-

(I) Whether the First Appellate Court has erred in allowing the

plaintiff's appeal and decreeing the suit by observing in

paragraph 9 of the impugned judgment that the receipt

referred to in the trial court's judgment is not available in the

record, though the same is very much available in the trial

court's record?

3. For the sake of convenience, the parties shall be referred to in

terms of their status in Civil Suit No. 48-A/89.

4. The plaint averments, in brief, are that plaintiffs have filed civil suit

before the Second Civil Judge Class –2, Sakti for declaration of

the suit for obtaining the vacant possession of the suit land after

demolition of the house constructed on the land described in the

Schedule A as also for issuance of permanent injunction

restraining the defendants from plaintiff's enjoyment over the door

constructed on a part of the land and further restraining them to

cause obstruction from interfering with the plaintiff's right. It has

been pleaded by the plaintiff that he has purchased the land of

Schedule A attached with the land bearing Khasra No. 617 area

0.07 disimal for a sum of Rs. 3000/- vide registered sale deed

dated 26.03.1984 from one Preet Kunwar but the defendants

have illegally constructed a house on an area of 10x15 feet and

have also developed Kolabadi. There was dilapidated

construction on the suit land but the defendants denied to make

repair of the said dilapidated construction and unnecessary

raising dispute, which has necessitated him to file the suit.

5. The defendants have filed their written statement resisting the

claim of the plaintiff contending that they have obtained

possession of the land from its owner Preet Kunwar by virtue of

an agreement dated 05.04.1974 after paying Rs. 530/-. The

defendants have also filed a map with the written statement on

the pleading