This order dismisses the second appeal in limine. The High Court held that the findings of lower courts regarding the defendants' title and possession were findings of fact based on evidence, not erratic, and did not involve a substantial question of law warranting admission.
The second appeal was dismissed in limine without notice to the other side.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Second Appeal No. 28 of 2011
Patiram S/o Jeetram Sahu, Aged about 60 years,
R/o Village Khapari, Patwai Halka No. 42, Tahsil
Patan, Distt. Durg, Chhattisgarh.
---Appellant/Plaintiff
Versus
1. Faguwa S/o Mehtru Marar, Aged about 40 years.
2. Gangaram S/o Mehtru, Aged about 35 years.
3. Jogesar S/o Mehtru, Aged about 33 years.
All R/o Village Khapri, Patwari Halka No. 42,
Tahsil Patan, Distt. Durg, Chhattisgarh.
4. Tahsildar, Patan, Tahsil Patan, Distt. Durg, chhattisgarh.
5. State of Chhattisgarh, Through Collector, Durg, Chhattisgarh.
--- Respondents/Defendants
For Appellant :-Mr. Pushpendra Kumar Patel, Advocate
For State :-Mr. Animesh Tiwari, Dy. A.G.
Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board
08/03/2021
1. Heard on admission and formulation of substantial
question of law in this second appeal preferred
by the appellant/plaintiff against the impugned
judgment and decree passed by the first
appellate Court affirming the judgment and
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decree by which trial Court dismissed the suit
of the plaintiff finding no merit.
2.Mr. Pushpendra Kumar Patel, learned counsel for
the appellant/plaintiff, would submit that both
the Courts below are absolutely unjustified in
dismissing the suit of the plaintiff by
recording a finding which is perverse and
contrary to the record, as such, the appeal
deserves to be admitted by formulating
substantial question of law.
3.Learned trial Court, after evaluation of oral and
documentary evidence on record, dismissed the
suit holding that patta over the suit property
was alloted in favour of mother of defendants
No. 1 to 3 namely Phoolbasin Bai and in that
capacity, Phoolbasin Bai is the title-holder of
the suit property and thereafter, defendants No.
1 to 3 are title-holders of the suit property
and are in its possession. It was further held
by the trial Court that plaintiff has failed to
prove his title over the suit property. The said
findings recorded by the trial Court were
affirmed by the first appellate Court in the
appeal preferred by the plaintiff.
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4.Both the Courts below have concurrently recorded a
finding that patta over the suit land was
granted in favour of defendant No. 1 to 3's
mother namely Phoolbasin Bai and in that
capacity, she was the title-holder of the suit
property and thereafter, defendants No. 1 to 3
are in possession of the suit property and have
become its title-holders. The said finding
recorded by both the Courts below that
defendants No. 1 to 3 are title-holders of the
suit property and are in possession of the same
and further plaintiff has failed to prove his
title over the said suit property is a finding
of fact based on evidence available on record
which is neither perverse nor contrary to the
record and it does not involve any substantial
question of law for determination.
5.The second appeal, being devoid of merits,
deserves to be and is accordingly dismissed in
limine without notice to the other side.
Sd/-
(Sanjay K. Agrawal)
Judge
Harneet
2 issues framed by the court
Whether the findings of fact regarding the plaintiff's failure to prove title over the suit property and the title-holdership of the defendants warrant admission of the second appeal.
Whether the impugned judgment dismissing the suit involves any substantial question of law.
Patiram S/o Jeetram Sahu
Faguwa S/o Mehtru Marar
Gangaram S/o Mehtru
Jogesar S/o Mehtru
Tahsildar
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court