Jugli Devi vs Ram Swarup Singh
2025 Latest Caselaw 2927 Jhar

Jharkhand High Court

Jugli Devi vs Ram Swarup Singh on 27 February, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
                          S.A. No. 127 of 2024
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1. Jugli Devi

2. Dashrath Pandit

3. Jageshwar Pandit

4. Choti Pandit

5. Ramu Pandit

6. Jatu Pandit

7. Mithilesh Pandit .... Appellants

-- Versus --

Ram Swarup Singh .... Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants :- Mr. Sanjeev Kumar Sahay, Advocate For the Respondent :-

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07/27.02.2025 Learned counsel appearing for the appellants submits that

this second appeal is preferred against the judgment of reversal.

2. This Second Appeal shall be heard on the following

substantial questions of law:

i) "Whether the learned appellate court while reversing the judgment and decree passed by the learned trial court has failed to take into consideration that prior to Sale Deed No.12596 dated 10.10.1990 (Exhibit 1) from which the plaintiff is claiming the title is a Sale Deed No.3402 dated 19.03.1990 (Exhibit-A) executed by Basant Narayan Singh in favour of the defendant No.2 which was never challenged by the plaintiff?

ii) Whether the learned appellate court while reversing the judgment and decree passed by the learned trial court has failed to take into

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consideration that the plaintiff on the one hand claiming title on the basis of the sale deed No.12596/1990 (Exhibit-1) and on the other hand is claiming title on the basis of the adverse possession which is hit by Article 64 and 65 of the Limitation Act, 1963 or not?"

3. Issue notice upon the sole respondent under registered

cover with A/D as well as by ordinary process for which requisites

etc. must be filed within a week.

4. Call for the Trial Court Records.

(Sanjay Kumar Dwivedi, J.) Sangam/

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