Magan Lal v. Bhujbal
Case brief
What is this about?
Second appeal dismissed at motion stage for want of substantial question of law; plaintiff failed to file demarcation report or any documentary proof of encroachment over Khasra No.519 (government land) and Khasra No.520/1 (0.06 acre) and Khasra No.520/3 (0.43 acre); suit for declaration and permanent injunction; trial court Civil Judge Class-II Champa decree dated 05.10.2009; first appellate court First Upper District Judge Janjgir decree dated 08.3.2016 in Civil Appeal No.30A/2015 upheld; appellants' counsel concession on absence of demarcation; High Court of Chhattisgarh, Bilaspur; Justice Naresh Kumar Chandravanshi; decided 15.01.2024; marked NAFR; parties from Mahuda, Tahsil Champa, District Janjgir-Champa; State of Chhattisgarh through Collector Janjgir as defendant No.13.
What did the court decide?
On perusal of the record, the appellant/plaintiff had not filed any document or any demarcation report whatsoever to substantiate his claim of encroachment over Khasra No.520/1 & 520/3; therefore the trial court rightly held that the allegation resting only on oral submissions could not be held proved, and the first appellate court rightly upheld that finding.