Raghu Gope & Others vs The State Of Jharkhand Through ...
2023 Latest Caselaw 1637 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No.92 of 2022
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Raghu Gope & Others .... .... .... Appellants Versus The State of Jharkhand through Deputy Commissioner, Bokaro & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellants               : Mr. Atanu Banerjee, Advocate
     For the Resp.- State             : AC to G.A.-I
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     Order No.06 Dated- 18/04/2023
             Heard the parties.

This appeal will be heard on the following substantial questions of law:-

(i) Whether both the courts below have committed a perversity by holding that the suit is hit by Section 34 of the Specific Relief Act even though in prayer No. (b) of paragraph-14 of the plaint the prayer that if during the pendency of the suit the plaintiff is found dispossessed from the suit land then the plaintiff be put in Khas possession over the suit land through the process of the court which otherwise means a prayer for recovery of possession has been made by the plaintiff but the trial court has erroneously mentioned in internal page-13 of its judgment that the plaintiff has not prayed for recovery of possession and the learned First Appellate Court has endorsed the same with a one line observation in paragraph-17.10 of the impugned judgment by observing that the suit is rightly hit by the provision of Section 34 of the Specific Relief Act?

(ii) Whether the learned First Appellate Court has committed perversity by holding in para-20 of its judgment that the Schedule A property has not any documentary basis even though the defendant did not challenge the title of the plaintiff over the said land as observed itself by the learned First Appellate Court in paragraph-19 of the impugned judgment?

Call for the lower court records.

Learned AC to G.A.-I receives notice of this appeal on behalf of the respondent Nos.1 to 3.

Issue notice to the respondent No.4.

The appellants are directed to file requisites for service of notice upon the respondent No.4 by registered post with A/D as well as under ordinary process within two weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this appeal thereafter.

Animesh/                                    (Anil Kumar Choudhary, J.)