Abhay Singh vs Ajoy Jaisawal
2025 Latest Caselaw 2447 Jhar

Jharkhand High Court

Abhay Singh vs Ajoy Jaisawal on 6 February, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                      S. A. No. 190 of 2022

    1. Abhay Singh, aged about - 42 years.
    2. Tej Kumar Singh, aged about - 38 years.
       Both S/o Late Dipti Singh, R/o. Balrampur, P.O.- Gamharia, P.S.-
       Gamaharia, District: Seraikella-Kharswan, Jharkhand.
                           ...      ...     Appellants/Appellants/Plaintiffs
                             Versus
    1. Ajoy Jaisawal
    2. Bijoy Jaisawal
    3. Bipin Jaisawal
    4. Binoy Jaisawal
    5. Bipul Jaisawal
       1 to 5 S/o. Late Mohan Jaisawal
    6. Archana Devi
    7. Anju Jaisawal
       Both D/o. Late Mohan Jaisawal
       All R/o. Hill View Colony, TAYO Gate, Gamharia, P.O. + P.S. -
       Gamharia, District: Seraikella-Kharswan.
                 ...       ...       Respondents/Respondents/Defendants
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Amar Kumar Sinha, Advocate

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07/06.02.2025

1. Heard the learned counsel for the appellants.

2. The learned counsel for the appellants submits the fact that the father of the plaintiffs acquired 9 decimals of land by virtue of registered sale deed dated 10.11.1982 executed by Gunadhar Ghose stood admitted by the defendants. But in-spite of that the area covered under the sale deed was disputed while passing the impugned judgments. The learned counsel has referred to the substantial question of law No. II as framed in the memo of appeal.

3. Considering the aforesaid submission, this appeal is admitted for hearing on the substantial question of law No. II mentioned in the memo of appeal is as follows:-

"II. Whether both the learned courts below erred in not considering that when the defendants have admitted the sale deed executed by Gunadhar Ghose in favour of plaintiffs and further admitted that original raiyat (Jagarnath Napit & his son Gopal Napit) had sold some plots of land to Gunadhar Ghose and further came with a defence that Gunadhar Ghose did not have possession of 9 decimals of land rather only 6 ½ decimals then onus of proving of such facts was with the defendants?"

4. Issue notice to the respondents for which requisites be filed within a period of one week under the registered cover as well as ordinary process.

5. In the meantime, the records be called for from the concerned court.

6. Post this case on 27th March, 2025.

7. Let this order be communicated to the concerned court through "FAX/E-mail".

(Anubha Rawat Choudhary, J.) Rakesh/-