KHORA (DEAD) THROUGH LEGAL HEIRS Vs. MOHAR SAI

JUDGEMENT

(1.) Challenging the judgment and decree passed by the High Court of Chhattisgarh in a second appeal, confirming the concurrent judgment and decrees of the Trial Court and the First Appellate Court, the defendants have come up with the above appeal.

(2.) We have heard the learned counsel for the parties.

(3.) Respondent No.1 herein filed a suit in Civil Suit No.11-A/95, on the file of the Third Civil Judge Class-2, Ambikapur, Sarguja, M.P., for declaration of title and permanent injunction in respect of a land purchased by him under a deed of sale dtd. 2/4/1981. Respondent No.1 purchased the said land from one Phool Chand Cherwa. The seller Phool Chand belonged to the Scheduled Tribe. Though respondent No.1 was also a Scheduled Tribe, the appellants contended that the purchase was on behalf of his master who was not a Tribal and that the purchase was actually a benami transaction for the benefit of a non-tribal. The Trial Court rejected the stand taken by the appellants and decreed the suit and the decree came to be confirmed both by the First Appellate Court and the High Court. Therefore, defendant Nos. 1 and 2 have come up with the above appeal.