F HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No.433^if2009 y APPELLANT/: (Plaintiff) Anup Kumar Son of Jailal Chandrakar, aged about 40 years R/o Kansinghi, Gariyaband, Tahsil Chhura, District Raipur (C.G.) Versus RESPONDENT/: Bhuwan Lal Son of Brijlal Chandrakar, R/o Village Dulha, Tahsil Chhura, District Raipur (C.G.) (Defendant) {Second appeal underSection 100 ofthe Code ofdvil Procedure, 1908} Present: Mr. Malay Kumar Bhaduri, counsel for the appellant. Single Bench: Hon'ble Mr. T.P. Sharma, J JUDGMENT (4-11-2011) 1. By this second appeal under Section 100 of the CPC, the appellant has challenged legality and propriety of the judgment & decree dated 14-9-2009 passed by the Additional District Judge, Gariyaband in Civil Appeal No.13A/2009 reversing thejudgment & decree dated 25-4-2009 passed by the Civil Judge Class-1, Gariyaband in Civil Suit No.24A/2008, whereby learned Civil Judge Class-1 has dismissed the civil suitfiled on behalfofthe appellant herein/plaintiff. 2. Case of the plaintiff/appellant herein, in nutshell, is that the respondent herein has obtained lease of land from the Government and has executed one document as unregistered sale deed in favour of the appellant herein and is in possession of the same. On the aforesaid basis, the appellant herein has filed suit for declaration and permanent injunction which was partly allowed by the trialCourt and by reversing the judgment and decree of the trial Court the lower appellate Couri: has dismissed the civil suit. 3. Unregistered sale deed may be treated as agreement to sale and may be used to take possession in terms of Section 53A of the Transfer of Property Act, 1882 but not to claim any right. Consequently, l do not find any . substance and substantial question of law in the present second appeal. The appeal is, therefore, liable to be dismissed and it is hereby dismissed, at the admission stage itself. No order as to costs. 4. I.A.Nos.1, 2, 3 &4 stand disposed of. Sd/- T.P. Sharma Judge