Dismissed

Ramphal Verma v. Praphulla Kumar Behura

Chhattisgarh HC13 Jun 2023CR/54/2023

Case brief

AI extract

What is this about?

This civil revision was dismissed upholding the trial court refusal to quash the suit solely on preliminary objections regarding lack of evidentiary support for the alleged unregistered sale deed. The court held that the plaintiff must adduce evidence to prove title under burden of proof on merits rather than dismissal at the motion stage.

What did the court decide?

Civil revision preferred by applicants against the order dismissing their application to quash the suit was dismissed.

Ramphal Verma Vs Praphulla Kumar Behura — Property and Title | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CR No. 54 of 2023

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Ramphal Verma S/o Late Shri Dhanwar Verma Aged About 57 Years R/o Village Umaria, Tahsil Bilha District Bilaspur Chhattisgarh

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Ram Sunder Verma S/o Late Ghasiram Verma Aged About 40 Years R/o Village Rahangi, Police Station Chakarbhatha Tahsil Bilha, District : Bilaspur, Chhattisgarh

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Anup Kumar Verma (Now Dead) S/o Late Ghasiram Verma, Through Legal Heirs 3(a) Rani Bai Wd/o. Late Anup Kumar Verma (First Wife) Aged About 47 Years 3(b) Anjali Verma, D/o. Late Anup Kumar Verma, Aged About 26 Years (daughter of first wife)

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Both 3(a) and 3(b) are R/o. Nayapara Ward No. 4, Nagar Panchayat, Bodri, Tahsil Bilha, District Bilaspur Chhattisgarh 3 (c) Bhagwati Verma Wd/o. Late Anup Kumar Verma, Aged About 46 Years (Second Wife) 3(d) Ravi Kumar Verma S/o. Late Anup Kumar Verma, Aged About 24 Years (Son Of Second Wife) 3(e) Ramakant Verma, S/o. Late Anup Kumar Verma, Aged About 22 Years ( Son Of Second Wife) 3(f) Bhim Vijay Verma, S/o. Late Anup Kumar Verma, Aged About 20 Years ( Son Of Second Wife ) 3(g) Ranjit Kumar Verma, S/o. Late Anup Kumar Verma, Aged About 17 Years ( Son Of Second Wife ) 3(h) Shanu Verma, D/o. Late Anup Kumar Verma, Aged About 15 Years ( Daughter Of Second Wife ) 3(g) And 3(h) Are Minor Through Legal Guardian Mother Bhagwati Verma, Wd/o. Late Anup Kumar Verma,

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Applicants 3(c) to 3(h) are R/o House No.266/20, Village Rahangi, Police Station Chakarbhatha, Tahsil Bilha, District Bilaspur (C.G.)

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Sadhuram Verma, S/o. Late Ghasiram Verma, Aged About 36 Years

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Arun Kumar Verma S/o. Late Ghasiram Verma, Aged About 34 Years

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Both applicants No. 4 & 5 are R/o. Village Rahangi, Police Station

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Chakarbhatha, Tahsil Bilha, District Bilaspur Chhattisgarh

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---- Applicants

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Versus

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Praphulla Kumar Behura S/o Shri Prahlad Behura Aged About 53 Years R/o Ward No. 04, Nawapara, Police Station Chakarbhatha, Tahsil Bilha District Bilaspur Chhattisgarh (Plaintiff)

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State Of Chhattisgarh Through Collector, Bilaspur Chhattisgarh (Defendant No. 6 )

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---- Respondents

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For Applicants :- Mr. Ram Kumar Tiwari, Advocate For Respondent No.2/State :- Mr. R.M. Solapurkar,G.A.

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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13.6.2023

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Heard on admission.

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This civil revision has been preferred against the order dated 16.3.2023 passed by First Civil Judge Class-II, Bilha, Distt. Bilaspur (CG) in Civil Suit No.29-A/2017, whereby application preferred by applicants/ defendants under Order 7 Rule 11 r/w Section 151 of CPC has been dismissed.

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Facts of the case, in brief, are that, respondent No.1/ plaintiff has filed aforesaid civil suit for declaration of his title and permanent injunction against applicants/ defendants over the suit land stating therein that he has purchased the suit premises on the basis of sale deed dated 17.1.2011 which was written on the stamp paper of Rs.50/-.

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After making appearance applicants / defendants moved an application under Order 7 Rule 11 r/w Section 151 of CPC stating therein that there is no such document executed in favour of respondent No.1/ plaintiff in respect of his title over suit premises. Hence, the suit is barred under Order 7 Rule 11 (a) and (d).

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After hearing learned counsel for both the parties, the learned trial Court has dismissed the aforesaid application filed by applicants / defendants holding therein that issue raised by applicants/ defendants can be decided after evaluation of evidence adduced by the parties on merits.

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Learned counsel for the applicants would submit that there is no document to support pleading of respondent No.1/ plaintiff, hence, suit is not maintainable at all, but, this has not been properly considered by the learned trial Court, hence, impugned order may be set-aside and revision may be allowed.

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On the other hand, learned State counsel, who is formal party supports the impugned order.

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Perusal of record particularly plaint averment shows that plaintiff has pleaded in his suit that he has purchased the suit premises on the basis of unregistered sale deed executed in his favour on stamp paper worth Rs.50/- on 17.1.2011. Thus, if plaintiff is making a claim that he has purchased the suit premises on the basis of unregistered sale deed executed on stamp paper of Rs.50/- then burden to prove the title over the suit premises rests on the plaintiff by adducing evidence. Without providing him opportunity, only on the basis of such objection raised by defendants, dismissal of suit cannot be held justified. Hence, impugned order passed by learned Court below is found to be correct.

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Accordingly, the present civil revision preferred by applicants/ defendants is dismissed at the motion stage itself.

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SD/-

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( N.K. Chandravanshi ) Judge

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Ayushi

Ramphal Verma v. Praphulla Kumar Behura

Case brief

What is this about?

What did the court decide?

Ramphal Verma v. Praphulla Kumar Behura

Case brief

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What did the court decide?

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