CAV Judgment

1. Appellants/Plaintiffs have challenged the impugned judgment and decree dated 12.08.2005 passed by the Additional District Judge, Bilaspur, in Civil Appeal No.18-A/2003 whereby learned First Appellate Court allowed the appeal filed by respondents/defendants and set aside judgment and decree dated 06.08.2003 passed by learned trial Court in Civil Suit No.222-A/2002.

2. Facts of the case in nutshell are that one Ravi Kumar was owner of land bearing Khasra Nos. 1, 2, 3, 4, 5, 6/1, 6/3, 6/4, 37 & 131/3 measuring 0.38, 0.38, 0.38, 1.57, 0.49, 0.50, 0.50, 0.31 & 2 acres total land measuring 8.86 acres at village Bharni, Takhatpur, district Bilaspur. This land of Ravi Kumar was alleged to be in possession of respondent/defendant-2 in which some plantation of Sheeshal seeds was done by respondent-2. When even after request of Ravi Kumar, respondent/defendant-2 did not vacate the land illegally possessed by them, then, Ravi Kumar made an application before the Additional Collector, Bilaspur for exchange of his land with land recorded in the name of respondent/defendant-2, but lying vacant.

3. After receiving an application, the Additional Collector, Bilaspur, conducted an inqui