Shakur Mian vs Bajrangi Dusadh
2021 Latest Caselaw 4424 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     S.A. No. 511 of 2015
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                  Shakur Mian                                              ...Appellant(s).
                                           Versus
                  1. Bajrangi Dusadh
                  2. Jhubli Devi                                           ... Respondent(s)
                  CORAM       :      HON'BLE MR. JUSTICE ANANDA SEN.
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                  For the Appellant(s)           : Mr. Manjul Prasad, Sr. Advocate
                                                   Mr. Arbind Kr. Sinha, Advocate.
                  For the Respondent             :

05/25.11.2021:          This appeal will be heard on the following question of law.

(A) Whether both the courts below have seriously erred in applying bar of Sec.46 of C.N.T. Act to a land recorded in Ext.-C, the C.S. Khatiyan as "Makan Bari" merely on the basis of Ext.-A and B the judgment passed in Revenue Appeal No. 16 of 2004 and Decree thereupon respectively?

(B) Whether the learned court of appeal below being final court of fact has properly exercised its jurisdiction vested under Section 96 and Order-XLI Rule 31 of Code of Civil procedure.

(C) Whether the First Appellate Court being the final court of facts was duty bound to independently evaluate the evidence and come to independent conclusion while deciding the facts?

(D) Whether the First Appellate Court was duty bound to deal with all the issues and record finding of each of the issues and by not doing so the judgment of the first appellate Court whether can be sustained.

Issue notice to respondents for which requisites etc. through ordinary process must be filed within three weeks.

Call for the lower court record.

  Rajnish/c.p.2                                                            (ANANDA SEN, J.)