Amrendra Kumar Singh And Others vs Surendra Prasad Singh And Others
2021 Latest Caselaw 3727 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             S.A. No. 270 of 2019
                                   With
                             I.A. No. 4815 of 2021
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Amrendra Kumar Singh and others ...Appellant(s).

Versus Surendra Prasad Singh and others ... Respondent(s) CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

Through: Video Conferencing

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For the Appellant(s) : Mr. Sudhir Kumar Sharma, Advocate.

For the Respondent :

04/30.09.2021: This appeal will be heard on following question of law:-

(i) Whether the Learned Appellate Court while affirming the Trial Court Judgment committed serious error of law in discarding Partition Deed dated 02.11.1973 (Ext.4), as inadmissible on account of being compulsorily registrable?

(ii)Whether the finding of the Learned Trial Court that partition Deed dated 02.11.1973(Ext.4) is invalid document, as not signed by all sharers and also being unregistered document inadmissible in evidence is perverse warranting interference by this Hon'ble Court?

(iii) Whether the Learned Appellate Court while passing impugned judgment & decree failed to construe true purport of partition deed (Ext. 4), which is a memorandum of partition, duly signed by sharers having valid shares, which was acted upon and sale deeds has been executed by Kamla Bala Dasya & Danu Dey in favour of the plaintiffs?

(iv) Whether even if the partition deed is not accepted, the co-sharer can sell his undivided share in the property or not?

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

Call for the LCR.

I.A. No. 4815 of 2021 This appeal has already been admitted for hearing on the substantial question of law as framed. Notices have been issue to the respondents. Counsel for the appellants submits that respondent are trying to take forcefully possession over the property in question. Considering the aforesaid submission let notice also be issued in this interlocutory application to the respondents through ordinary process for which requisites etc. must be filed within three weeks.

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