Bi_nS_mGH aXJRT OF GHtWTISG^iH,_AT BILASPUR Second .Appeal NQ^l9^_ of 2003 SsrigSs Sen i|g%^I t.^Purai son of Govind Satnami aged ^^-••^c^ 36 years, Village & Eost ^iandul .•^BllW''"' •vr'"-.L^-' 7^' Tah.Malkhroda (Sakti) District ^1»^<S^'^'-""" J anj 9ir chamP a ^ c«G*i) • SS°A -•'''*' WRSUS ^'A / ^SWDBiTS .J,.! Mst.Mankunwar, vddow of Nathi aged 60 years. ^s Sonkunwar daughter of Nathu aged .r^ 50 years. ^S,v Sewak son of Nathu, aged 55 years, <-" ,.4.; Setran son of Nathu, aged 48 yearStj ^.j Bhurwa son of Bhukhau aged 65 years. 6t.i Bhagat son of BhukhcM aged 55 years. ^" yshxixsa son of Kunu aged 55 years, /~ All by caste Satnami Resident of Anaidula, Tahsil Malkhroda (Sakti) Distric-t- Janjgir Chanpa ( 0.0;^) . pr'State of Chhattisgarh throughs- Collector', District Janjgir Chaapa (q*;G.).^ ^ ,SEWro^£E4L^2E&JEG@a^^O^OM_^^Mfc-EiDGEEURE ..- .:s<saB%, ,jyw "ffilgl,-a »^ BK'ite'a HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT RESPONDENTS S.A. No.185/2003 Puran Versus Mst. Mankunwar and others SB:- HON'BLE SHRI N.K. AGARWAL, J PRESENT:- Shri H.B. Agrawal, Sr. Adv. with Smt. Meera Jaiswal, Advocate, for appellant. Shri R.R. Sinha, Panel Lawyer for the State. ORAL ORDER (2-2-2011) 1. Heard on admission. 2. The instant appeal has been filed against the judgment and decree dated 9-1-2003 passed in Civil Appeal No. 31- A/2000 by the Additional District Judge, Sakti affirming the judgnient and decree dated 28-1-2000 passed by the Civil Judge Class II, Sakti in Civil Suit No. 75-A/96 whereby the plaintiffs suit has been dismissed. Facts ofthe case, in brief, are as under:- 3. The appellant/plaintiff filed a suit for declaration, partition and possession on the ground that in village Amandula, Patwari Halka No. 3 (old P.H. No. 45) bearing Khasra No. 24/1, 174, 442, 497, 78, 806, 876, 1042, 1743, 67, 178, 493, 766, 756, 825, 933, 1543/1 and 1745/1 total Khasra No. 18 total area 25.91 acres land was joint property belonging to grand father of appeUant namely Kunu and his brothers namely Ghulghul and Bhukhau and has not been partitioned. The disputed land is of the joint ownership and possession of appellant and the respondent No. 1 to 7. Therefore, the appellant is entitled to l/6th part of the disputed land. 4. The defendants No. l-A to 5 filed joint written statement stating that the land has been partitioned among Kunu, -sitt fj^t£S&Ka.»sSss~a'l." ii^Ua | w't'/ Ghulghul and Bhukhau 80-90 years back and they are in, cultivating possession ofthe suit land in their own right.' 5. The defendant No. 6 supported the averments of the plaint. 6. Learned trial court dismissed the suit. Thereagainst the appellant preferred first appeal which was also dismissed by the impugned judgment and decree. 7. Learned ta-ial court on appreciation of the evidence led, submissions made and material placed, dismissed fhe suit by recording a Gnding that prior partition took place between the parties. The above findings are affirmed by the first appellate court on re-appreciation of the entire evidence. 8. The finding whefher or not there is earlier partition is essentially a finding of fact. Learned counsel for the appellant failed to point out any illegality or perversity in the concurrent findings recorded by both the courts below. 9. Therefore, I am of the considered opinion that no substantial question oflaw arises for determination in fhis appeal. 10. This court cannot proceed to hear a second appeal without there being any substantial question of law involved in the appeal. Existence of substantial question of law is the sine-qua-non for the exercise of the jurisdiction under the amended Section 100 of fhe Code. Learned counsel appearing for the appellant failed to point out any substantial question of law which may arise for determination in the case. In the absence of any substantial question of law arises for determination of this Court, this Court has no option but to dismiss the appeal. 11. In view of above, since no substantial question arises for determination of the case, the appeal is dismissed at admission stage. 12. No order asto costs. Sd/- N.K.Agarwal Judge