ANITA DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard this second appeal on admission and formulation of substantial question of law preferred by the appellant/plaintiff.

(2.) By the impugned judgment and decree, the first appellate Court has affirmed the judgment and decree of the trial Court dismissing the suit of the plaintiff filed for declaration of title and permanent injunction.

(3.) Mr.B.P.Singh, learned counsel for the appellant/plaintiff, would submit that both the Courts below have erred in not decreeing the suit filed by the plaintiff for declaration of title and permanent injunction, by recording a finding which is perverse and contrary to record. He would further submit that erstwhile owner Kejauram was already declared bhumiswami on 28.1.1995 and therefore, he has a transferable right in the suit land and he has rightly transferred the suit land in favour of the plaintiff by sale deed dated 12.2.1996 (Ex.P5) and thereafter the Collector has no jurisdiction to cancel the patta granted in favour of Kejauram by order dated 8.12.1997 that too without affording an opportunity of hearing to the then pattadar Kejauram or the present appellant, as such, the second appeal involves substantial question of law for determination and it be formulated accordingly for determination.