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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Reserved on 9-3-2022

Delivered on 29-

4-

2022

SA No. 415 of 2004

 Rang Nath Sahu (Dead) Through LRs., As Per Hon’ble Court Order Dt.

02-12-2021.

1.1 - Smt. Pili Bai W/o Late Rang Nath Sahu, Aged About 77 Years R/o

Village Madhuwa, Tehsil Janjgir, District Janjgir - Champa Chhattisgarh.,

District

:

Janjgir-Champa,

Chhattisgarh

1.2 - Rewti Raman S/o Rang Nath Sahu Aged About 54 Years R/o

Village Madhuwa, Tehsil Janjgir, District Janjgir - Champa Chhattisgarh.,

District

:

Janjgir-Champa,

Chhattisgarh

1.3 - Girdharilal S/o Rang Nasth Sahu Aged About 47 Years R/o Village

Madhuwa, Tehsil Janjgir, District Janjgir - Champa Chhattisgarh.,

District : Janjgir-Champa, Chhattisgarh

---- Appellant

Versus

1. Chamru Alias Ram Narayan (Died) Through Lrs. Nill

1.1 - (A) Ram Bai Khairwar W/o Late Chamru @ Ram Narayan Aged

About 52 Years R/o Village Madhuwa, Tehsil Janjgir, District Janjgir-

Champa

(C.G.)

1.2 - (B) Sunil Khairwar S/o Late Chamru @ Ram Narayan Aged About

27 Years R/o Village Madhuwa, Tehsil Janjgir, District Janjgir-Champa

(C.G.)

1.3 - (C) Anil Khairwar S/o Chamru @ Ram Narayan Aged About 25

Years R/o Village Madhuwa, Tehsil Janjgir, District Janjgir-Champa

(C.G.)

1.4 - (D) Sushil Khairwar S/o Late Chamru @ Ram Narayan Aged About

23 Years R/o Village Madhuwa, Tehsil Janjgir, District Janjgir-Champa

(C.G.)

1.5 - (E) Anjulata D/o Late Chamru @ Ram Narayan Aged About 19

Years R/o Village Madhuwa, Tehsil Janjgir, District Janjgir-Champa

(C.G.)

2. Duklu Alias Jai Narayan, S/o Shri Gopal Khairwar, Aged About 31 Years

R/o Village Madhuwa, Tehsil Janjgir, District Janjgir - Champa

Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. Sukanya Bai, D/o Shri Gopal Khairwar, Aged About 26 Years R/o Village

Madhuwa, Tehsil Janjgir, District Janjgir - Champa Chhattisgarh.

4. Deleted (Smt. Dasiya Bai) As Per Hon'ble Court Order Dated 14-02-2022

5. State Of Chhattisgarh Through The Collector, Janjgir - Champa, At

Janjgir.

---- Respondents

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For Appellant

:

Mr. Somnath Verma, Advocate.

For respondents No.

:

Mr. Tarkeshwar Nande and Mr.

No.1(1) to 1(5) and

:

Slurabh Sharma, Advocates.

R/2 and R/3

For State

:

Mr. Avinash K. Mishra, GA along

with Mr. Sanjeev Kumar Agrawal,

PL.

-------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Narendra Kumar Vyas

CAV JUDGMENT

1.

The appellant/plaintiff has filed the Second Appeal under Section 100 of

the Code of Civil Procedure, 1908 being aggrieved by the judgment and

decree dated 8-4-2004 passed by learned Fourth Additional District Judge

(Fast Track Court), Janjgir in Civil District Bilaspur, in Civil Appeal No.5-

A/2003, affirming the judgment and decree dated 4-7-2000 passed by the

First Civil Judge, Class-2, Janjgir, in Civil Suit No. 199-A/1994 whereby

the suit filed by the appellant has been dismissed.

2.

The brief facts as reflected from the records are that the plaintiff has filed

a civil suit before learned First Civil Judge, Class-II, Janjgir-Champa for

declaration and injunction mainly contending that the plaintiff’s suit

property is situated at Madhuwa, Tehsil Janjgir, District Janjgir-Champa,

bearing Khasra No. 31/1 area 0.70 decimal. He has purchased the suit

property from Jhuru s/o Baiga Khairwar @ Rs.445/- through registered

sale deed on 29-1-1960 and after purchase of suit property, possession

has also been given to them and their names have also been recorded in

the revenue records. The suit was partitioned between their three brothers

and they are residing separately in the portion which they have received

in partition. Jhuru from whom he has purchased the suit property, has

son namely Gopal and he also expired and defendants No. 1 to 4 are his

leg