LILABAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 2/3/2009 passed by Additional District Judge, Balod , District Durg (CG) in Civil Suit No. 12-A/2007 wherein the said court dismissed the suit filed by the appellant for declaration of title and for declaring the order dtd. 31/7/2006 passed by the Collector, Durg void, possession and permanent injunction regarding land bearing survey No. 338 area 0.14 hectare situated at village Sivni, Patwari Halka No.10, Tahsil Balod, District Durg (CG).

(2.) As per plaint averment of the appellant/plaintiff she purchased the land in question from one Tomanlal. Originally the land was owned by one Murhi Bai who executed the will in favour of Tomanlal. As per version of appellant side lease of land was not allotted to Murhi Bai that is why sale deed could not be executed, however, one agreement dtd. 15/2/2001 was executed between appellant and Tomanlal. Tomanlal filed an application for lease before Naib Tahsildar, Balod which was dismissed and the order of Naib Tahsildar was affirmed by the Collector that is why suit was filed.

(3.) Learned counsel for the appellant submits as under.