In a second appeal regarding suit for declaration of title and injunction, the High Court of Chhattisgarh dismissed the appeal in limine, holding that the lower courts' finding of fact that plaintiffs failed to prove title over specific plots was not perverse.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Second Appeal No. 68 of 2010
1. Ram Prasad Yadav, S/o. Late Gariba Yadav, Aged about 60 years, Occupation labourer, R/o. Quaiadi Muda, Raigarh Tahsil and Distt. Raigarh (CG)
2. Shanker Lal Yadav, S/o. Late Gariba Yadav, aged about 58 years, Occupation Labourer R/o. Quaidi Muda, Raigarh Tahsil Distt. Raigarh (CG)
---- Appellants
Versus
Smt. Shanti Agrawal (Dead) W/o. Late Satya Narayan Agrawal Aged about 70 years, R/o. Ramniwas Talkies Road, Raigarh Tahsil & Distt. Raigarh (CG)
1. Smt. Anita Agrawal, D/o. Late Jai Bhagwan Agrawal, aged about 45 years, R/o. Ramniwas Talkies Road, Raigarh Tahsil & Distt. Raigarh(CG)
2. Ku. Jyoti Agrawal, D/o. Late Jai Bhagwan Agrawal, aged about 18 years, R/o. Ramniwas Talkies Road, Raigarh Tahsil & Distt. Raigarh (CG)
3. Smt. RamKumari, W/o, Late Ram Dular Yadav, aged about 65 years, R/o. Quaidimuda, Raigarh Tahsil & distt. Raigarh (CG)
4. Ghanshyam Yadav, S/o. Late Ram Dular Yadav, aged about 42 years, Occupation Business, R/o. Quaidimuda, Raigarh Tahsil & distt. Raigarh (CG)
5. State of Chhattisgarh Through Collector Raigarh, Raigarh (CG)
---Respondents
| For Appellants ` |
: Shri Atul Pandey, Advocate |
|---|---|
| For Respondents 1 to 4 | : None |
| For Respondent No.5/State | : Shri Ravi Bhagat, Dy. Govt. Advocate |
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
04.01.2021.
1. Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellants/plaintiffs against the
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impugned judgment and decree passed by the first appellant Court affirming the the judgment and decree by which the trial Court partly dismissed the suit of the plaintiff.
2. Learned counsel for the appellants/plaintiffs submits that both the courts below are partly unjustified in not decreeing the suit in respect of plot No.21 area 750 sq. ft. and plot No.22 area 640 sq. ft. by recording a finding which is perverse to the record, therefore, the appeal involves substantial question of law for determination and the appeal may be admitted for hearing by formulating substantial question of law.
3. I have heard learned counsel for the appellants and perused the records of the Courts below. 4 . The plaintiffs filed suit for declaration of title and for permanent injunction with regard to plot No.20, 21 and 22. The trial Court decreed the suit with respect to plot No.20 area 5472 sq. ft. sheet No.7 on the basis of adverse possession and declared title and possession of the plaintiffs but dismissed the suit with respect to plot No.21 and 22 and judgment and decree of the trial Court has been affirmed by the first appellate Court. Both the Courts below by granting decree with regard to plot No.20 area 5472 sq. ft on the basis of adverse possession clearly held that the plaintiffs have failed to prove by oral and documentary evidence, their title and possession over suit land bearing plot No.21 & 22. The finding recorded by both the Courts below in this regard is a finding of fact based on evidence available on record which is neither perverse nor contrary to the record and the appeal does not involve any substantial question of law.
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5. The second appeal deserves to be and is accordingly dismissed in limine without notice to the other side. No cost(s).
Sd/-
(Sanjay K. Agrawal)
JUDGE
Bini
1 issue framed by the court
Whether the dismissal of the suit regarding plots No. 21 and 22 involves a substantial question of law.
Ram Prasad Yadav
Shanker Lal Yadav
Smt. Shanti Agrawal (Dead)
Smt. Anita Agrawal
Ku. Jyoti Agrawal
Smt. RamKumari
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
