Lalo Rout & Others vs Dular Das & Others
2025 Latest Caselaw 4840 Jhar

Jharkhand High Court

Lalo Rout & Others vs Dular Das & Others on 25 August, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   S.A. No. 555 of 2016

                Lalo Rout & Others                             ...     ...      Appellants
                                           Versus
                Dular Das & Others                      ...        ...        Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. R. N. Sahay, Senior Advocate : Mr. Yashvardhan, Advocate For the Respondents :

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14/25.08.2025 Learned counsel for the appellants are present.

2. Learned senior counsel for the appellants has submitted that as per the judgment passed by the learned 1st appellate court, the plaintiffs belong to Scheduled Tribe/Scheduled Caste community and defendant nos. 13 to 16 also belong to Scheduled Tribe community and therefore, the learned 1st appellate court has held that section 46(3- A) of the Chotanagpur Tenancy Act, 1908 is not applicable.

3. The learned Senior counsel has submitted that the learned 1 st appellate court has committed perversity by holding that the Deputy Commissioner was not a necessary party in the proceedings while confirming the judgment of the learned trial court. He has referred to the substantial question of law no. (III), as suggested in the memo of appeal, to submit that the finding recorded in paragraph 17 of the 1st appellate court's judgment is perverse as the plaintiffs belong to 'Yadav' community which is a Backward Class community and not Scheduled Tribe whereas defendant nos. 13 to 16 who are appellant nos. 13 to 16 before this Court are tribals and belong to Tribal Community and hence section 46(3-A) of the Chotanagpur Tenancy Act, 1908 is fully applicable.

4. However, from the perusal of the judgment passed by the learned trial court, it is not clear as to whether it was disclosed before the court with respect to caste status of one or the other person.

5. In view of the aforesaid facts and circumstances, let the records be called for from the learned courts concerned to find out as to on what basis the finding in paragraph 17 has been recorded by the learned 1st appellate court. The aforesaid records be called for from the learned courts through special messenger upon deposit of special messenger cost by the appellants within a period of one week from today.

6. Post this case along with the records of the learned courts on 22nd September 2025 to be taken up as the first case at 2.15 p.m.

7. Let this order be communicated to the learned courts concerned through 'FAX/email'.

(Anubha Rawat Choudhary, J.) Pankaj