MAKARDHWAJ RAM Vs. JAGDISH RAI (DEAD) TH. LRS.

JUDGEMENT

(1.) This Civil Appeal has been preferred by the original plaintiffs laying challenge to judgment and order dtd. 18/9/2009 passed by the High Court of Chhattisgarh, Bilaspur in Second Appeal No. 617 of 1996. At hand is a long-standing property dispute that began somewhere in the 1960s. The parties in the dispute are in one way or another related to one Gokul Rai. A family chart shall be useful in contextualising the parties and the facts: <IMG>JUDGEMENT_19_LAWS(SC)6_2026_1.jpg</IMG>

(2.) The properties in question belonged to the grandson of said Gokul Rai i.e., Mahabir Rai. On 27/7/1960, Mahabir Rai, transferred a portion of his property totalling to 95.80 acres in favour of his mother, Raj Mohani @Roopjhari and his son, the present appellant, Makardhwaj. On 23/4/1962, Mahabir Rai, his wife Gulmati, and mother Raj Mohani @ Rupjhari, executed a General Power of Attorney [GPA] in favour of Rambhajan, who is Mahabir Rai's cousin that is the son of Baldeo's sister-Dhanmati. In 1969 on two separate occasions i.e., 27/1/1969 and 4/2/1969, Rambhajan, using the said GPA sold 21.43 acres land to one Prem Prakash, and 33.76 acres to one Chandra Sao. The said GPA was cancelled by the grantors on 25/6/1969. Thereafter, Mahabir Rai, filed a suit seeking cancellation of sale deed qua the transfer of 21.43 acres of land dtd. 27/1/1969. Said suit was eventually dismissed by the Civil Judge, Class II, Jaishpor Nagar, vide judgment dtd. 21/10/1989 on the ground that the present appellant, successor-in-interest of the original plaintiff Mahabir Rai, could not establish his position as his successor-in-interest. The second transfer of 33.76 acres was challenged by Gulmati, as legal guardian of her minor children which too was dismissed by judgment dtd. 31/7/1975. In the year 1985 Rambhajan applied for mutating his name in the Revenue Records which was dismissed at the first instance but allowed on appeal. This mutation pushed the plaintiff, Makardhwaj, the appellant herein to file yet another civil suit. It is this proceeding that has culminated into the present appeal.

(3.) The suit [Civil Suit No.195A/87] has been filed for declaration of title and possession against Rambhajan. By judgment dtd. 7/5/1993, the suit was partly decreed. As against the claim of 95.8 acres the plaintiff was held to be entitled to 43.69 acres. Aggrieved thereof successor- in-interest of Rambhajan i.e., Jagdish Rai, further represented through LRs, appealed to the Additional District Judge, Raigarh, which came to be dismissed on 11/3/1996. Still aggrieved, he took the matter to the High Court, where, in terms of the impugned judgment, the judgment and decree of the Courts below were set aside, dismissing the suit as being barred by constructive res judicata.