SANTHRU Vs. DHANRAJIYA

JUDGEMENT

(1.) This second appeal preferred by the original plaintiff was admitted for hearing on 12/12/2019 by formulating the following substantial question of law for determination:-

(2.) The plaintiff filed a suit for declaration of title and permanent injunction stating inter-alia that he is title-holder of the land bearing Khasra No.153 area 0.030 hectare and order of the Sub-Divisional Officer, Surguja dtd. 25/5/2001 and order of the Colletor, Surguja dtd. 22/2/2002 are illegal and void. It has been further pleaded that he is owner and title-holder of the land bearing Khasra Nos.152, 153 and 155 area and in Khasra No.153 which is 0.030 hectare he is in possession for last 25 years. In a proceeding initiated by defendant No.1-Dhanrajiya under Sec. 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as "the Code") the Sub-Divisional Officer, Surguja by order dtd. 25/5/2001 directed for reversion of the defendant's land holding that the plaintiff has constructed the house on the land bearing Khasra No.154/1 area 0.029 hectare, which has been affirmed by the Collector, Surguja, which has been done without hearing the plaintiff and without noticing him, which was opposed by defendant No.1 by filing written statement.

(3.) The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment and decree dtd. 30/4/2005, dismissed the suit holding that the plaintiff has failed to prove his title over the suit land, but also declared the suit to be barred by the provisions contained in Sec. 257 (l-1) of the Code. On appeal being preferred by the plaintiff, the first appellate Court affirmed the judgment and decree of the trial Court, against which, the plaintiff preferred this second appeal under Sec. 100 of the CPC, in which one substantial question of law has been formulated by this Court, which has been set-out in opening paragraph of this judgment for sake of completeness.