NANBUTIA Vs. MANGLINBAI

JUDGEMENT

(1.) By this second appeal, the Appellant has challenged the legality & propriety of the judgment and decree dated 28.4.1993 passed by the District Judge, Raigarh, in Civil Appeal No. 22A/92, dismissing the appeal filed against the judgment and decree dated 3.3.1392 and decreeing the suit passed by the Third Civil Judge Class-II, Raigarh, in Civil Suit No. 60A/87.

(2.) The present second appeal has been admitted for consideration on the following substantial question of law:

(3.) As per pleadings of the parties, on 18.2.72 original Plaintiff Hariram predecessor-in-title of the Respondents purchased agricultural land bearing khasra No. 171 area 1.955 hectares and khasra No. 31/2 area 0.50 hectare and came into possession from Chitki predecessor-in-title of the Appellants. Chitki filed an application under Section 170-B of the C.G. Land Revenue Code, 1959 (for short 'the Code') for declaration of the alleged transactions as null and void. Same was allowed and transactions were declared null and void vide order dated 10.1.1983 in Revenue Case No. 35/A-23/81 -82. Alleged purchaser Hariram has challenged the order by filing civil suit and has also claimed declaration of title. Original Respondent Chitki and after death of Chitki, the present Appellants have contested the case and by filing written statement, they have denied the claim of the Plaintiff and alleged that civil suit is barred under the provisions of Section 257 (I) of the Code. After providing opportunity of hearing to the parties, learned Third Civil Judge Class-II, Raigarh decreed the suit against the present Appellants. Same was challenged before the lower appellate Court and learned lower Appellate Court by affirming the judgment and decree has dismissed the appeal.