Ashta Nand Jha vs Sishu Shikha Prabandh Samittee & ...
2023 Latest Caselaw 2218 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No. 584 of 2015
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Ashta Nand Jha .... .... .... Appellant Versus Sishu Shikha Prabandh Samittee & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Rahul Kr. Gupta, Advocate : Mr. Lalit Yadav, Advocate

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Order No.09 Dated- 21.06.2023 Heard the parties.

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

(i) Whether the learned first appellate court committed a grave illegality by observing in the last but one sentence of paragraph no.13 of the impugned judgment that the strip of land purchased by Bhola Singh vide Ext.4 cannot be a suit property and in the last sentence observing that the facts leads the first appellate court to conclude that the suit land lies within the property purchased by Bhola Singh?

(ii) Whether the learned first appellate court committed a perversity by observing in paragraph no.15 of the impugned judgment that only because the defendants have failed to establish their right, title and interest over the suit property hence, the plaintiffs have got right, title and interest over the suit property; by ignoring the settled principle of law that the plaintiff has to stand on its own legs and cannot get the benefit of the weakness of the defendants?

Call for the Lower Court Records.

The appellant is directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondents.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)