Chattisgarh High Court
Burman Lal Soni vs State Of Chhattisgarh And Another on 8 August, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
FA No. 8 of 2001
Burmanlal, Son of Arjunlal Shrivas, aged about 86 years, resident Kelo Bridge,
Beladula Road, Raigarh, Tahsil and District Raigarh.
Since dead, through his L.Rs:
1. Radha Krishna Shriwas, S/o Late Burman Lal, Aged about 47 years,
2. Ripusudan Shriwas, S/o Burman Lal, aged about 55 years
Both R/o Kelo Bridge, Beladula, Raigarh (C.G.)
---- Appellants
Versus
1. State Of Madhya Pradesh(now Chhattisgarh), through Collector, Raigarh
2. Smt. Janaknandini, wife of Jagdish, resident of Lajpatnagar, New Delhi
3. Ku. Vijaylaxmi, daughter of late Madanmohan Rabra, resident of Gourishankar
Mandir Road, Raigarh
4. Smt. Jaishree, wife of Baijnath, resident of near Polytechnic College, Charadhar
Nagar, Raigarh
5. Anand Mohan Rabra, son of Madan Mohan Rabra, Advocate Raigarh, resident
of Gourishankar Mandir Road, Raigarh
---- Respondents
For Petitioner : Mr. Waquar Naiyer, Advocate
For State/Res No.1 : Mr. Tarkeshwar Nande, PL
For Respective Respondents : Mr. Kishore Bhaduri, Sr. Adv. with
Mr. Sunny Agrawal, Mr. P. N. Bharat, Sr. Adv.
with Mr. Jitendra Shrivastava, Mr. Animesh
Verma & Mr. Keshav Dewangan, Advocates
Hon'ble Mr. Justice P. Sam Koshy
Order on Board
08/08/2022
1. The judgment and decree dated 14.12.2000 is under challenge in the instant
First Appeal originally preferred by the appellant/plaintiff and upon his death by
his legal heirs.
2. The property in dispute in the instant appeal is that which situates in plot No.
96/1 measuring 6510 Square Feet at Beladula, Tahsil & District Raigarh.
3. The present is the appellants/plaintiff's first appeal. The plaintiff had filed the suit
which was registered at 27A/95 seeking for declaration of title and permanent
injunction in respect of the aforesaid subject land. The suit was finally dismissed
vide the impugned judgment dated 14.12.2000 holding it to be barred by the
principles of res-judicata. Finding of the Court below is that for the same piece
of land and for the same set of relief the original plaintiff Burman Lal during his
lifetime had already adjudicated the matter vide Civil Suit No. 35A/82 which
stood dismissed on 14.08.1989. The judgment and decree dated 14.08.1989
was subjected to challenge in First Appeal FA 54A/89, where the First Appeal
got dismissed on 02.01.1992. Thereafter, the Second Appeal was preferred by
the plaintiff vide SA No.85/92. Second Appeal also stood dismissed on
24.02.1992 itself. The matter thereafter travelled to the Supreme Court vide
SLP No.884/92 and Hon'ble Supreme Court dismissed the SLP on 29.07.1994.
Thereby, affirming the judgment and decree of the Trial Court dated
14.08.1989.
4. Given the fact that matter for the same set of relief, between the same parties
already stood adjudicated upon uptill the stage of Hon'ble Supreme Court, the
trial Court dismissed the suit preferred by the petitioner applying the principle of
res-judicata. When matter is taken up for hearing today, it has been
undisputedly contended that the subject land involved is the same which
situates at Khasra No.96/1. The measurement of the suit property also being
the same i.e. 65,910 Square Feet and the parties to the dispute were also
same.
5. Given the fact, this Court does not find any case made out by the appellant to
hold that the findings arrived at by the Court below to be either erroneous or
contrary to the law. The First Appeal thus fails and is accordingly rejected.
Sd/-
(P. Sam Koshy)
Judge
Rohit
