Kailash Sah vs Pradeep Kumar Sah
2025 Latest Caselaw 4929 Jhar

Jharkhand High Court

Kailash Sah vs Pradeep Kumar Sah on 28 August, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  S.A. No. 312 of 2016

                1.Kailash Sah
                2. Pankaj Sah      ...
                                ... Appellants/Respondents/Defendants
                                Versus
            Pradeep Kumar Sah ...       Respondents/Appellant/Plaintiff
                                ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Rajeeva Sharma, Senior Advocate : Ms. Rita Kumari, Advocate

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14/28.08.2025 Heard the learned senior counsel for the appellants.

2. The learned senior counsel for the appellants has submitted that

the suit property was transferred by the mother in favour of the son

vide Exhibit-5 for consideration amount of Rs. 75,000/- and vide

Exhibit-6 for consideration amount of Rs. 90,000/- both of which were

executed and registered in the year 2005 and the mother died in the

year 2006. He submits that in the sale deed itself, it has been

mentioned that the entire consideration amount has been paid. In spite

of this, the learned 1st appellate court has held that the consideration

amount was not paid.

3. This appeal is Admitted for final hearing on the following

substantial question of law:-

(i)Whether the learned 1st Appellate Court has erred in not

considering the sale deeds i.e. Exhibit-5 and Exhibit-6 properly with

respect to the payment of consideration amount while reversing the

judgment passed by the learned trial court?

4. Issue notice to the sole respondent for which requisites etc.

under ordinary process as well as speed post be filed within a period

of one week from today.

5. Office to track speed post-delivery and prepare appropriate

office note regarding service of notice.

6. Let the records be called for from the concerned courts.

7. Let this order be communicated to the concerned court through

FAX.

8. Post this case on 06.10.2025.

(Anubha Rawat Choudhary, J.) Binit