Advocates:
['C GHOSH', '', 'MEERA JAISWAL', 'AMRITO DAS', 'K ROHAN', 'A G']

Page 1 of 4

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FA No. 101 of 2004

Reserved on : 26.07.2019

Delivered on :

30

.08.2019

1.

Madho Singh, aged about 57 years.

2.

Udho Singh, aged about 55 years.

3.

Devdutt Singh, aged about 52 years.

4.

Kaushal Singh, aged about 39 years.

5.

Devraj Singh, aged about 35 years.

6.

Girdhar Singh, aged about 33 years.

7.

Devendra Singh, aged about 32 years.

All S/o Late Bodhan Singh.

8.

Smt. Satrupa Bai, aged about 72 years, Wd/o Late Bodhan Singh

All R/o Village- Purai, P.H. No. 67, Tahsil & District- Durg (C.G.)

---- Appellants

Versus

1.

State of Chhattisgarh, through Collector, Durg, District- Durg (C.G.)

2.

Gram Panchayat, Purai, through Sarpanch, Village- Purai, Tahsil &

District- Durg (C.G.)

---- Respondent

_____________________________________________________________

For Appellant

:

Mr. Amrito Das, Advocate.

For State/ respondents

:

Mr. Raghvendra Verma, G.A.

_____________________________________________________________

Hon'ble Shri Justice

Ram Prasanna Sharma

CAV JUDGMENT

1.

This first appeal is preferred under Section 96 of the Code of Civil

Procedure, 1908 against judgment/ decree dated 20.01.2004 passed

by Second Additional District Judge, Durg (C.G.) in Civil Suit No.

22A/2002, wherein the said court dismissed the suit filed by the

Page 2 of 4

appellants for title and possession and for restraining the respondent

from interfering possession of the appellants regarding land bearing

Survey No. 468/01 & 468/02 area admeasuring 2 acres situated at

Village- Purai, Patwari Halka No. 67/29, Tahsil & District- Durg (C.G.).

2.

As per the appellants, they belonged to Jamidar Family and their

ancestor namely Dashrath Singh was in possession of the land

bearing Survey No. 468/01 & 468/02 since 1929-30. After

promulgation of Panchayati Raj Adhiniyam, Gram Panchayat- Purai

came into existence. The Panchayat wanted to construct its cultural

building on the new Survey No. 762 including Survey No. 468/01 &

468/02 also. The Sarpanch applied for the land and it was alloted to

Panchayat for construction of community centre. As, the Gram

Panchayat encroached the land in question and constructed the

cultural building, the suit was filed which was dismissed by the trial

court as mentioned above.

3.

Learned counsel for the appellants submits as under:-

(i)

The property in question was ancestral property and their

ancestors were Malgujar and they were in possession of the property

in question.

(ii)

The land in question is recorded as Aabadi land as per Ex. P/1,

but the Tahsildar proceeded for eviction in the year 1997 and evicted

the appellants which is not proper, therefore, the finding arrived at by

the trial court is liable to be set aside.

4.

On the other hand, learned counsel for the State/respondent submits

Page 3 of 4

that the appellants were not in possession in the land since long and

proceeding under Section 248 of the Chhattisgarh Land Revenue

Code, 1959 is initiated against the appellants because their

possession was unauthorized and they were evicted from the land in

question. Now the land is recorded as Government Aabadi land,

therefore, no relief can be granted to the appellants.

5.

Madho Singh (PW-1), Kallu Yadav (PW-2), Khorbahara Das (PW-3)

and Devdutt Singh (PW-4) deposed before the trial court that the

appellants were in possession of the land because their ancestors

were Malgujar. Contrary to that Patwari- Nandeshwar Prasad Sahu

(DW-1) deposed that the land in question is recorded as Aabadi Land

and it is Government Aabadi land. He further deposed that one

community centre is constructed over the land and the appellants

were never in possession of the said land. Version of this witness is

supported by document Ex. D/1 to D/3.

6.

The suit was filed on 03.04.1997 and as per record, the land was

Government land at that time. When the land was Government land,

title of the appellants