Chattisgarh High CourtBhola Ram And Anr vs Sundar Singh And Ors on 9 February, 20231\n\n                                                                          NAFR\n\n           HIGH COURT OF CHHATTISGARH, BILASPUR\n\n                        Second Appeal No. 321 of 2013\n\n     1. Bhola Ram S/o Shri Chaitu Aged About 50 Years\n\n     2. Vishambhar S/o Shri Chaitu Aged About 48 Years\n\n        Both are resident of village Sukulkari, Tahsil & Police Station- Masturi,\n        District Bilaspur (CG) Revenue District Bilaspur(CG)(Plaintiffs)\n\n                                                                 ---- Appellants\n\n                                     Versus\n\n     1. Sundar Singh S/o Shri Santram Aged About 75 Years R/o Masturi, Ps.\n        Masturi, Civil And Revenue Distt. Bilaspur, C.G.\n\n     2. State Of Chhattisgarh Through The District Collector, Bilaspur(CG)\n\n     3. Zila Sakhari Bhoomi Vikas Bank Branch- Masturi, Tahsil Masturi, Civil\n        And Revenue District Bilaspur, C.G.\n\n     4. Aryan Ispat Pawan (Power) Pvt. Ltd. Rajendra Nagar Chowk, Link\n        Road, Bilaspur, through Its Director, Shri Vinod Kumar Jain, S/o Shri\n        Laxmichand Jain, R/o Kranti Nagar, Bilaspur, Tahsil and Police Station\n        Bilaspur, District : Bilaspur, (CG)(Defendants)\n\n                                                              ---- RespondentsFor Appellants                     :Shri A.N. Bhakta, Advocate\nFor Respondent No.2/State:          Shri Sanjeev Kumar Agrawal, Panel LawyerSingle Bench : Hon'ble Shri Justice Sanjay S. Agrawal\n\n                          Judgment/Order on Board\n\n09.02.2023\n\n        Heard on admission.2.      This appeal has been preferred by the Plaintiffs underSection 100of\n\nthe Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'),\n\nquestioning the legality and propriety of the judgment and decree dated\n\n04.03.2013 passed in Civil Appeal No.4-A/2012, whereby, the learned2appellate court while affirming the judgment and decree dated 25.08.2011\n\npassed by the 7th Civil Judge, Class-II, Bilaspur(CG) in Civil Suit No.11-\n\nA/2011, has dismissed the appeal. The parties to this appeal shall be referred\n\nhereinafter as per their description before the Courts below.3.      Briefly stated the facts of the case are that a suit for declaration of title\n\nand injunction was instituted by the Plaintiffs with regard to the property in\n\nquestion bearing Khasra Nos. 482/4, 482/5, 493/5, 703/2 and 705, total\n\nadmeasuring 3.67 acres, situated at village Sukulkari, Tahsil Masturi, District\n\nBilaspur(CG) as described in the plaint schedule. According to the Plaintiffs,\n\nthe property in question was held by their father, namely, Chaituram and after\n\nhis death, they inherited the same, however, Defendant No.1-Sundar Singh\n\nhas obtained the revenue papers mutated in his name on 27.06.1981 without\n\nany authority and, based upon which trying to alienate the same to someone\n\nelse.   Further contention of the Plaintiffs is that the Defendant No.1, in\n\nconnivance with Defendant No.3-Zila Sahkari Bhoomi Vikas Bank, has\n\npurchased the property in question in auction on 20.06.1975., however, the\n\nalleged auction was made without following its due procedure, therefore, the\n\nproperty in question as purchased by him, would not confer any right, title or\n\ninterest upon him. It is pleaded further that after purchasing the same as\n\nsuch, he sold the suit property to Defendant No.4- Aryan Ispat Pawan (Power)\n\nPvt. Ltd. during the pendency of the suit by executing a registered deed of\n\nsale on 22.08.2009, therefore, the said Defendant has also not derived any\n\nvalid title upon the suit land.4.      The Defendants have contested the aforesaid claim. Defendant No. 1-\n\nSundar Singh in his written statement has stated that the property in question\n\nwas mortgaged by the Plaintiffs' father- Chaituram in Zila Sahkari Bhoomi\n\nVikas Bank after obtaining the loan from it and since he failed to repay the3loan amount, therefore, the property in question was put in auction, where he\n\nvalidly purchased the same and obtained the revenue papers mutated in his\n\nname. It is contended further that the suit is barred by virtue ofSection 82of\n\nthe Chhattisgarh Co-operative Societies Act, 1960 and has been framed even\n\nwithout questioning the alleged auction proceedings, therefore, deserves to\n\nbe dismissed.5.     From perusal of the record, it appears that the property in question as\n\ndescribed in the plaint schedule was mortgaged by the Plaintiffs' father-\n\nChaituram after obtaining the loan amount from Defendant No.3- Zila Sahkari\n\nBhoomi Vikas Bank, Branch Masturi, District Bilaspur and it appears further,\n\nas reflected from the evidence of DW-3, namely, Smt. Pushpa Kale, who was\n\nthe Branch Manager of the said Bank, that when the said Chaituram has\n\nfailed to deposit the loan amount, the property in question mortgaged by him\n\nwas put in auction on 24.06.1979 and in pursuance thereof, the property in\n\nquestion was sold and was accordingly purchased by Defendant No.1-\n\nSundar Singh. Pertinently to be noted here further that the alleged auction\n\nwas taken place on 24.06.1979 and the Plaintiffs' father, namely, Chaituram,\n\nwho mortgaged the property in question in the said Bank died in the year\n\n1980 but, he never tried to question the authenticity of the said auction\n\nproceedings. Be that as it may, after his sad demise, it cannot be said at the\n\ninstance of the Plaintiffs that the Defendant No.1 has not acquired any valid\n\ninterest over the property in question based upon the auction sale or the\n\nPlaintiffs could be entitled to be declared the owner of it.6.     In view of the aforesaid background, the courts below have, therefore,\n\nnot committed any illegality in dismissing the claim and, I, therefore, do not\n\nfind any question of law, much less the substantial questions of law which\n\narise for determination in this appeal.47.    The appeal being devoid of merits, is accordingly dismissed at the\n\n         admission stage itself.No order as to costs.                        Sd/-\n\n\n                                                    (Sanjay S. Agrawal)\n                                                          JUDGE\nsunita5HIGH COURT OF CHHATTISGARH, BILASPUR\n\n                                         Order SheetSA No. 321 of 2013Bhola Ram & Anr. Versus Sundar Singh & Ors.\n\n\n\n         09/02/2023         Shri A.N. Bhakta, counsel for the Appellants.Shri Sanjeev Kumar Agrawal, Panel Lawyer for the State/\n                      Respondent No.2.Arguments heard on admission.Judgment/order dictated in open Court. Signed and dated\n                      separately.                              Sd/-(Sanjay S. Agrawal)\n                                                             Judge\n\n\n\n\nsunita