Usha Devi & Ors vs Mohd. Ekram & Ors
2023 Latest Caselaw 2549 Jhar

Citation : 2023 Latest Caselaw 2549 Jhar
Judgement Date : 2 August, 2023

Jharkhand High Court

Usha Devi & Ors vs Mohd. Ekram & Ors on 2 August, 2023

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         SA No. 361 of 2016

           Usha Devi & Ors.                  ......         Appellants

                                    Versus

           Mohd. Ekram & Ors.                .........           Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellants : Mr. Sudhir Kr. Sharma , Adv.

Mr. S.S.Dwivedi, Adv.

For the Respondent s : Mr. Munna Lal Yadav , Adv.

Mr. Praveen Akhouri, SC Mines 1 Mr. Diva Kant Roy, AC to SC Mines1

09 / 02.08.2023 Heard the parties.

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

1. Whether learned First Appellate Court committed perversity, as though vide order dated 03.12.2015, in the Civil Appeal no. 05 of 2010, it was ordered by the learned First Appellate court that the petition under Order XLI Rule 27 of CPC, shall be decided at the time of pronouncing the judgment but neither took into consideration the Khewat, which was sought to be introduced as an additional evidence by the appellants - defendants nor rejected the said petition under Order XLI Rule 27 of CPC?

2. Whether both the courts below have committed perversity by holding that the Exhibit C is not a valid document, as the settlement by vide Ext. C, has not been made by the SDO, Chatra who, according to the courts below, was the competent authority to settle the lands to landless persons?

3. Whether both the courts below committed perversity by holding that the Demand Register- II, marked Exhibit A and A1, do not contain the reference of Exhibit C, which is the original copy of the purcha of the Settlement Case No. 09 / 1984-85?

Mr. Munna Lal Yadav, receives notice on behalf of respondent nos. 1to 6 and 8 to 10 and Mr. Diva Kant Roy, AC to SC Mines1, receives notice of the appeal on behalf of respondent nos. 11 to 13. Call for the Lower Court Records and list this case after receipt of the Lower Court Records.

(ANIL KUMAR CHOUDHARY, J.) Smita/-