Arjun Sao & Ors vs Dinesh Munda & Ors
2024 Latest Caselaw 10013 Jhar

Jharkhand High Court

Arjun Sao & Ors vs Dinesh Munda & Ors on 16 October, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         SA No. 122 of 2019

            Arjun Sao & Ors.                      ...         Appellant
                                     Versus
            Dinesh Munda & Ors.                   ...       Respondent

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellant : Mr. Manjul Prasad, Sr. Adv.

Mr. Chanchal Jain, Adv.

Mr. Aniket Rohan, Adv.

07 / 16.10.2024 Heard.

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

1. Whether the learned First Appellate Court has committed an error of records by observing in page no. 16 of the impugned judgment that Hukumnama is not supported by any zamndari rent receipt, though in the said page itself, it is mentioned that Ext. A series is either zamindari rent receipt or Government receipt ?

2. Whether the learned First Appellate Court has committed perversity by holding that the plaintiff ought to have sought further relief in the form of recovery of possession even though there is no finding that the plaintiffs are not in possession of the suit land?

Admit.

Issue notice to the respondents. The appellant is directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through the process of the Court within two weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. In case requisites are filed; list this appeal after receipt of the service report of the notice issued to said respondents and in the meanwhile, call for the Lower Court Records.

(ANIL KUMAR CHOUDHARY, J.) Smita/-