Sunita Bai vs Bhagaiya Bai
2022 Latest Caselaw 4414 Chatt

                                            1

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                     SA No. 186 of 2022

1. Sunita Bai W/o Puran Lodhi Aged About 30 Years R/o Village Bamhani, Police Station
   and Tahsil Kawardha, District Kabirdham (Chhattisgarh) (Defendant No. 2)

2. Lalima Bai W/o Ramkishor Lodhi Aged About 27 Years R/o Village Bamhani, Police
   Station and Tahsil Kawardha, District Kabirdham (Chhattisgarh) (Defendant No. 3)

                                                                                ---- Appellants

                                        Versus

1. Bhagaiya Bai W/o Antram Lodhi Aged About 67 Years R/o Village Bamhani, Police
   Station And Tahsil Kawardha, District Kabirdham (Chhattisgarh) (Plaintiff)

2. Antram S/o Samaru Lodhi Aged About 70 Years R/o Village Bamhani, Police Station and
   Tahsil Kawardha, District Kabirdham (Chhattisgarh) (Defendant No. 4)

3. Chhattisgarh Government Through Collector, Kabirdham (C.G.) (Defendant No. 5)

4. Chatur S/o Latel Lodhi Aged About 58 Years R/o Village Charbhatha, Tahsil Sahaspur
   Lohara, District Kabirdham (Chhattisgarh) (Defendant No. 6)

5. Narayan Chatur Lodhi Aged About 32 Years R/o Village Charbhatha, Tahsil Sahaspur
   Lohara, District Kabirdham (Chhattisgarh) (Defendant No. 7)

6. Purnima Bai D/o Chatur Lodhi Aged About 27 Years R/o Village Mohtara, Tahsil
   Sahaspur Lohara, District Kabirdham (Chhattisgarh) (Defandant No. 8)

7. Triveni Bai D/o Chatur Lodhi Aged About 25 Years R/o Village Bazar Charbhatha, Tahsil
   Sahaspur Lohara, District Kabirdham (Chhattisgarh) (Defendant No. 9)

8. Roopchand S/o Samaru Kaushik Aged About 60 Years R/o Bamhani, Police Station
   Kawardha, Tahsil Kawardha, District Kabirdham (Chhattisgarh) (Defendant No. 10)

                                                                          ---- Respondents

12.07.2022 Mr. Rajnish Singh Baghel, counsel for the appellant/s.

Mr. Avinash K. Mishra, G.A. for the State/respondent No.3.

Heard on admission.

Perused the judgments of both the Courts below and other material

available on record.

On due consideration, the appeal is admitted for final hearing on the

following substantial questions of law:-

"(i) Whether Section 52 of the Transfer of Property Act, 1882 will applicable in case of revenue proceeding for declaring the sale deed dated 30.12.2014 as null and void?

(ii) Whether in civil suit orders of revenue authorities can be challenged and declaration can be sought against them?

(iii) Whether the First Appellate Court exceeded its jurisdiction by declaring that sale deed dated 28.02.1973 is valid to the extent of share of respondent No.2/defendant No.4 and late Suhawan Bai, when there is no evidence laid regarding the share of the parties after partition and when no such issue was framed by the learned trial Court?

(iv) Whether learned trial Court erred in declaring the sale deed dated 30.12.2014 null and void even when the appellants were found to be bona fide purchasers?"

Issue notice to the respondents except the State/respondent No.3

along with copy of substantial questions of law.

Also heard on application (I.A. No.1) for grant of stay.

Issue notice to the respondents except the State/respondent No.3

also on this application.

P.F. be paid as per rules.

In the meantime, it is directed that the effect and operation of

impugned judgment dated 17.01.2022 shall remain stayed till the next date

of hearing. Sd/-

(Arvind Singh Chandel) Judge

Ravi