^ <^ HIGHCOURT QF CHHATTISGARH AT BILASPUR Sinale Bench : Hon'bLe Shri Dilip Raosaheb Deshmukh, J. Appellant Plaintiff Respondente Defendants Second Appeal No.499 of 2007 yersus 1. 2. 3. 4. Jhadi Ram S/o Baishakhu Sahu, Aged 56 years, R/o Village Parsada, Tehsil Patan, District Durg, (C.G.) State of Chhattisgarh, Through- The Collector, Durg. The Collector, District-Durg (C.G.) The Naib Tehsildar, Tehsil Office- Bhilai-3, District-Durg (C.G.) Ghasiya Ram S/o Rama Rao Rawat, R/o Village- Parsada, Tehsil Patan, District Durg, (C.G.) Second_Appeal under Section 100 ofthe C.P.£, Present : Appellant by Shri Malay Kumar Bhaduri, learned counsel. Respondents No.1 to 3 by Shri Sushil Dubey, Government Advocate. ORAL ORDER (Passed on 26th of November, 2007) Heard on admission. (2) The appellant is aggrieved by the judgment and decree dated 14-08-2007 passed by the Xlth Additional District Judge (F.T.C.), Durg in Civil Appeal N0.17-A/2006, whereby the judgment and decree- dated 03-01-2005 passed by the Vllth Civil Judge Class-ll, Durg in Civil Suit N0.47-A/2001 whereby the suit was dismissed, was affirmed. (3) Both the Courts below have recorded a concurrent finding of fact that a patta was granted to the respondent No.4-Ghasiya Ram, who was in possession of the suit land and was subsequently declared Bhoomiswami, and therefore, sale by Ghasia Ram in favour of the appellanVplaintiff being in contravention of Section 165 (7) (b) of C.G. Land Revenue Code, was contrary to law. On these findings, both the Courts below while placing reliance on Mulavam Sinah and another vs. Budhwa Chamar and Others, 2002(2) M.P.H.T.-140 (D.B.) declined to grant relief to the appellanyplaintiff. (4) I have perused the judgment and decree of both the Courts below. In the light of decision in Mutayam Singh and another (Supra), 1 am of the considered opinion that the finding recorded by both the Courts below being in conformity with law, no substantial question of law arises for determination in this appeal which is accordingly dismissed at the stage of admission. Dii4»Raosaheb Deshmukhl li. Judge ! Tumane