HIGH COURT OF CHHATTISGARH. BILASPUR Second Appeal No.314 of 2011 ^ APPELLANTS/: (Plaintiffs) (:.^ RESPONDENTS/: (Defendants) 1. 2. 3. 4. 5. 6. 7. 8. 2. 3. 4. 5. Takhat Ram, S/o late Murit Ram, aged about 73 years Ramlal, S/o late Murit Ram, aged about 83 years, Both above are R/o Village & Post Sonthi Tahsil Sakti, District Janjgir- Champa (C.G.) Tula Ram, S/o Ramprasad, Mother Janbai, aged about 55 years, Rati Ram, S/o Ramprasad, Janbai, aged about 40 years, Mother Dwarika Prasad, S/o Ramprasad, Mother Janbai, aged about 35 years, Tulkunwar, D/o late Janbai, W/o Joidha Patel, aged about 52 years, R/o Village & Post Temar, Tahsil Sakti, District Janjgir-Champa (C.G.) Urmila Bai, D/o late Janbai, W/o Premlal Patel, aged about 34 years, R/o Village & Post Amapali, Tahsil Malkharoda, District Janjgir-Champa Tarabai, D/o late Janbai, W/o Narain Patel, aged about 32 years, R/o Village & Post Temar, Tahsil Sakti, District Janjgir-Champa (C.G.) Versus Badri Prasad, S/o late Hulasram, aged about 40 years, Gopal Prasad, S/o late Hulasram, aged about 34 years, Devendra Kumar, S/o late Hulasram, aged about 32 years, Khileshwari Bai, D/o late Hulasram, aged about 50 years, All above are R/o Village & Post Sonthi, Tahsil Sakti District Janjgir-Champa Rameshwari Bai, D/o late Hulasram, W/o A.N. Dewangan, aged about 37 years, R/o Village & Post Juna Bilaspur, Tahsil & District Bilaspur (C.G.) Through A.N. Dewangan, Clerk, Divisional Forest Office (D.F.O.) Bilaspur (C.G.) lt- 6. State of Chhattisgarh, through Collector, District Janjgir-Champa (C.G.) {Second appeal under Section 100 of Civil Procedure Code} ^ Present: Mr. Manoj Paranjpe with Mr. Vikram Dixit, counsel for the appellants. Mr. Akhil Agrawal, Panel Lawyer for the State/respondent No.6. Sinale Bench: Hon'ble Mr. T.P. Sharma. J JUDGMENT (2-12-2011) '1. By this second appeal under Section 100 of the CPC, the appellants have challenged legality and propriety of the judgment & decree dated 29-6-2011 psissed by the Additional District Judge, Sakti, in Civil Appeal No.S-A/2009, affirming the judgment & decree dated 24-2-2009 passed by the Civil Judge Class-11, Dabhra, Link Court Sakti, in Civil Suit No.308-A/2006, whereby the Civil Judge Class-11 has dismissed the suit for possession. 2. I have heard learned counsel for the parties, perused judgments & decrees and records of both the Courts below. 3. As per claim of the appellants herein, they are owners of Khasra No.216, area 0.15 acre, but the revenue authorities have committed mistake in showing the area of the land which has been shown as 0.03 acre. On the aforesaid ground suit for possession has been filed. The respondents herein/defendants were ex parte and suit was decided ex parte. In absence of evidence and the fact that it was a dispute of correction of revenue record, the suit was dismissed and the appeal was also dismissed. 4. Learned counsel for the appellants submits that the appellants herein and their forefathers were owners & occupiers of land bearing Khasra No.216 area 0.15 acre, but erroneously, the revenue authorities have recorded the area as 0.03 acre and when the appellants came to know about the aforesaid mistake, they have filed suit. The Courts below have illegally dismissed suit and appeal. 5. Records, judgments and decrees of the Courts below, clearly reveal that the appellants/plaintiffs have failed to prove their claim, even when the defendants were ex parte, they have failed to prove the fact that aforesaid land was 0.15 acre and not 0.03 acre. Without any documentary or oral evidence, by dismissing suit and appeal, both the Courts below have not .'y^ .» ^•^wf^ 2ffl2L. committed any illegality. As per finding of the trial Court, it may be the dispute of correction of record which the civil court is not having jurisdiction. 6. On due consideration, 1 do not find any substance or substantial question of law in the appeal. Consequently, the second appeal is liable to be dismissed and it is hereby dismissed, at the admission stage itself. No order as to costs. However, the appellants may avail remedy available to them underthe Chhattisgarh Land Revenye Code,1959. Sd/- T.P. Sharma Judge