Advocates:
['SS RAJPUT', 'REEMA SINGH', 'ANANT BAJPAI', 'A G', 'MANOJ PARANJPE', '', 'VA GOVERDHAN', 'VIKRAM DIXIT']

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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FA No. 104 of 2010

Judgment reserved on 24-08-2017

Judgment delivered on 08-11-2017

(Arising out of order dated 27-8-2010 passed by the Additional District

Judge, Jashpur, in civil suit No.01-A/2008)

1. Hari Sinha @ Hari Prasad Singh, S/o Late Lalji Singh, aged

about 61 years, R/o village Sujabad, Post Kushth Seva Ashram

Padav, Varanasi (UP), presently at Gamhariya, Tahsil Jashpur

Nagar, Dist. Jashpur (CG).

---- Appellant

Versus

1. Gurupad Sambhav Ram, Chief Trustee, Baba Bhagwan Ram

Avdhut Trust Bramha Nishthalay, Sogda, Tahsil Jashpur Nagar,

Dist. Jashpur (CG).

2. Registrar, Public Trust-Cum-Collector, Jashpur, Dist. Jashpur

(CG).

3. Collector, Raigarh, Dist. Raigarh (CG).

4. Shri A.K. Agrawal, the then Deputy Collector and presently

SubDivisional Officer, Raigarh (CG).

5. Dr. S.K. Raju, Mission Director, Rashtriya Swasthya Mission,

Opposite Mantralaya, Raipur (CG).

6. Krishna Kumar, S/o not known to the appellant, aged about 35

years, Trustee, Baba Bhagwan Ram Avdhut Trust Bramha

Nishthalay, Sogda, Tahsil Jashpur Nagar, Dist. Jashpur (CG).

---- Respondents

For Appellant

Shri Sachin Singh Rajput, Advocate

For Respondent/State

Shri Sameer Behar, Panel Lawyer

For Respondent No.6

Shri Manoj Paranjape & Shri Vikram Dixit,

Advocates

2

Hon'ble Shri Justice Prashant Kumar Mishra

Hon'ble Shri Justice Arvind Singh Chandel

C A V Judgment

The following judgment of the Court was delivered by Prashant

Kumar Mishra, J.

1)

This is plaintiff's first appeal under Section 96 of the Code of Civil

Procedure, 1908 (henceforth 'the CPC') challenging the order

dated 27-8-2010 passed by the trial Court rejecting the plaint

under Order 7 Rule 11 of the CPC.

2)

The plaintiff preferred the suit on 17-1-2008 for declaration that

the order passed by the Registrar, Public Trust-cum-Collector,

Jashpur, in case No.01/B-113/06-07 on 18-7-2007 be declared

null and void as also for declaration that Baba Bhagwan Ram

Avdhut Trust is not a public trust and further that the land bearing

khasra No.449/5 area 0.364 hectare situated at village

Gamhariya, Tahsil Jashpur Nagar is not the property of the said

public trust.

3)

The suit was filed on the pleadings, inter alia, that Baba Bhagwan

Ram (henceforth 'Baba') was a famous saintly figure who had

established an orgranisation by the name Sarveshvari Samuh at

various places in the country. Baba had also purchased several

properties in his own name through different sale deeds. In his

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name there was one such property being the suit land mentioned

above, which was purchased from the erstwhile Ruler of Jashpur

State Shri Vijaybhushan Singh Judeo by registered sale deed

dated 17-3-1960 and thereafter, name of Baba was recorded as

bhoomiswami in the revenue records. Baba used to sale or gift

his personal properties to various persons. In course of said

transactions, Baba had executed a gift deed of the suit property

in plaintiff's favour on 21-6-1991, which was duly registered on

28-6-1991 and subsequently, the name of the plaintiff was

recorded in the revenue records by Entry No.21 dated 13-2-1996.

4)

It was further pleaded that the order of mutating the plaintiff's

name was challenged by way of revision petition by Sarveshvari

Samuh before the Board of Revenue, which was allowed on

26-3-1996 against which the plaintiff preferred writ petition

bearing MP No.1593 of 1996 before the erstwhile High Court of

Madhya Pradesh, which was allowed on 10-8-1999 setting aside

the order passed by the Board of Revenue and maintaining the

order passed by the Tahsildar, Jashpur, in plaintiff's favour.

Despite the said order, the Tahsildar Jashpur, did not act upon the

plaintiff's application for re-entry of plaintiff's name in the revenue

record, which was deleted after the order passed by the Board of

Revenue.

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5)

In the meanwhile, the defendant No.1 Gurupad Sambhav Ram,

the Chief Trustee of the so called Baba Bhagwan R