Sharngbhrit Prasanna Bhanu Pratap ... vs Bahadur Oraon & Ors
2025 Latest Caselaw 2451 Jhar

Jharkhand High Court

Sharngbhrit Prasanna Bhanu Pratap ... vs Bahadur Oraon & Ors on 6 February, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                           S.A. No. 40 of 2022

               Sharngbhrit Prasanna Bhanu Pratap Narayan Sharma
               @ SBN Sharma & Anr.                   ...     ...         Appellants
                                              Versus
               Bahadur Oraon & Ors.                  ...        ...       Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Indrajit Sinha, Advocate Mr. Pratik Sen, Advocate

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09/ 06.02.2025 Learned counsel for the appellant has submitted that the learned Courts have not at all considered Exhibit-9 which was an order passed by this Court in writ petition in which the plaintiffs claimed continuous possession of the suit property and also the rent receipts which shows that they were in possession of the property. Learned counsel submits that rent receipts may not be a document of title but certainly it has a bearing on the possession. He submits that the learned counsel Courts have recorded that the plaintiff has not been able to prove his possession on the property. Learned counsel has also submitted that the plaintiff claimed title through Sada Hukumnama issued in the year 1954 (Ext.

5) followed by issuance of rent receipts and the Sada Hukumnama was preceded by the surrendered by the recorded tenant. He submits that learned Courts have recorded that the surrender was against the provision of law and therefore void but at the same time, the plea of adverse possession was required to be considered. A specific plea was raised but on account of the finding in connection with possession, the plea of adverse possession was also not properly adjudicated.

2. Considering the aforesaid submissions and having gone through the impugned judgments, this Second Appeal is Admitted for final hearing on the following substantial question of law:

"Whether by virtue of Exhibit-5, Exhibit-6 series, Exhibit-7, Exhibit-8 and Exhibit-9, the plaintiff was successfully able to establish the possession over the land in question and whether the learned Courts have given a perverse finding while dealing with the point of adverse possession?"

3. Issue notice to the respondent Nos. 1 and 2 for which requisites under Ordinary Process and Registered Cover be filed within a period of one week. The memo of appeal along with its enclosure be served in the office of learned Advocate General, who would appoint a State Counsel to represent the respondent Nos. 3 to 5.

4. Let the records be called for from the Courts concerned.

5. Post this case on 27.03.2025.

6. Let the order be communicated to the Court concerned through "FAX/E-mail".

(Anubha Rawat Choudhary, J.) Kunal