Mohd. Jahiruddin vs Mohd. Jahiruddin
2021 Latest Caselaw 3281 Chatt

                                                    1

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet
                                            SA No. 640 of 2017
                      Mohd. Jahiruddin Versus Mohd. Jahiruddin and Others



23.11.2021           Mr. Ravindra Agrawal, Advocate and Mr. Neeraj Mehta, Advocate for the
             Appellant.

                     Mr. Avinash K. Mishra, G. A. for the State.

                     Heard on admission.

                     The appellant has preferred the instant Second Appeal assailing the judgment
             and decree passed by the learned First Appellate Court by which the first appellate
             Court has modified the judgment and decree passed by the learned Trial Court
             holding that the defendant No. 1 is the owner of the suit land bearing Khasra No.
             684/2, area 0.242 hectare situated at village- Bilhma, R.I. Tahsil Dhourpur and
             District- Surguja (C.G.) and set aside the sale deed executed on 23.07.1992 by the
             appellant.

                     The appeal is admitted for hearing on the following substantial questions of
             law:-


                          "(1). Whether the learned First Appellate Court was justified in
                               partly reversing the judgment and decree of the trial Court on
                               a perverse finding by holding that the appellant is ostensible
                               owner of the suit land bearing Khasra No. 684/2 area 0.097
                               hectare.s?
                          (2). Whether the learned First Appellate Court has erred in not
                               applying the provisions of Section 41 of Transfer Of Property
                              Act to protect the right of the appellant?"
                     Issue notice to the respondent/s by ordinary course as well as by registered

post on payment of P.F.

Process fee be paid within 14 days.

Registry is directed to send copy of this Order to respondents along with the notice issued to him.

List this case after six weeks.

Interim relief granted earlier shall continue till the next date of hearing.

Sd/-

(Narendra Kumar Vyas) Judge

Amita