KAMINI KUMAR Vs. BHAUDAS

JUDGEMENT

(1.) This is plaintiff's Second Appeal under Sec. 100 of the Code of Civil Procedure (for short 'the CPC') against the judgment and decree dtd. 9/8/2005 passed by Additional District Judge, Bilaspur in Civil Appeal No. 6-A/2004, affirming the judgment and decree dtd. 31/1/2004 passed by 7th Civil Judge, Class-II, Bilaspur in Civil Suit No. 278-A/02, dismissing the suit.

(2.) The plaintiff's suit for declaration of title and permanent injunction was dismissed by the trial Court holding that the suit land was the service land granted to the father of defendant No.1 as a village Kotwar and that has been sold by defendant No.1 in favour of plaintiff and pursuant to which no title has been transferred in favour of plaintiff.

(3.) The plaintiff preferred first appeal there-against. The First Appellate Court, by its impugned judgment and decree dtd. 9/8/2005 clearly held the suit land is the service land granted earlier to the father of defendant No. 1 and sale made by defendant No.1 in favour of plaintiff is null and void by virtue of the provisions contained in Sec. 183(2) of the Chhattisgarh Land Revenue Code and dismissed the appeal.