Jharkhand High Court
Smt. Bhanumati Bhakat & Another vs Sri Brahmendu Dev Bhakat & Others on 2 January, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Second Appeal No. 52 of 2020
Smt. Bhanumati Bhakat & Another ... ... Appellants
Versus
Sri Brahmendu Dev Bhakat & Others ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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07/02.01.2025 Learned counsel for the appellants Mr. Ashim Kumar Sahani is
present.
2. Heard the learned counsel appearing on behalf of the appellants.
3. Learned counsel for the appellants has submitted that although
there are concurrent findings recorded by both the learned Courts in
respect of Schedule "C" property, which was subject matter of appeal
before the first appellate Court, but the learned appellate Court while
confirming the finding has not discussed the oral or documentary
evidences adduced on behalf of the plaintiffs. He submits that the entire
case in connection with Schedule "C" property revolved around purchase
of property by one of the joint family members namely Dharmendu Dev
@ Bablu Bhakat who was defendant no. 3 in the case and it was alleged
that he was managing the properties of the joint family as his father was
not keeping well and he had purchased Schedule "C" property in his own
name by the funds of the joint family.
4. The learned counsel has further submitted that with respect to
other schedule of properties, there has been a decree for partition and
with respect to Schedule "C" property, there was no such decree by
holding that it was a self-acquired property of defendant no. 3. He
submits that the defendant no. 3 did not join the proceedings and did not
even file his written statement and the proceeding was ex-parte against
the defendant no. 3 before the trial Court as well as before the appellate
Court.
5. The learned counsel for the appellants has thereafter submitted
that the trial Court while considering the materials has primarily
considered the recitals in the sale-deed and has recorded that as per the
sale-deed the consideration money was paid by defendant no.3, but did
not consider the oral evidence that Dharmendu Dev @ Bablu Bhakat had
no source of income of his own to purchase the Schedule "C" property.
6. Learned counsel for the appellants has also submitted that so far
as the learned appellate Court is concerned, although reference has been
made to oral evidence but there is no discussion of the oral evidence. He
submits that the learned appellate Court while upholding the judgment of
the trial Court has not considered the evidences properly, rather has
ignored the vital evidence while coming to such conclusion. He submits
that the impugned judgment of the learned appellate Court dealing with
regard to the Schedule "C" property is perverse and calls for interference
particularly in the light of the fact that the defendant no. 3 never
contested the case as he never appeared before the learned Courts.
7. This second appeal is to be heard on the following substantial
question of law:
"Whether the findings recorded by the learned Appellate Court in
upholding the finding of the learned trial Court that the property
in Schedule "C" was self-acquired property of defendant no. 3
and not from the joint nucleolus of the family suffers from
perversity on account of non-consideration of oral evidences led
by the plaintiffs?"
8. Issue notice to the respondent nos. 1 to 5, 7 and 8 through
ordinary process as well as through registered cover with A/D. Issue
notice to respondent no. 6 through registered cover with A/D. The
requisites etc. be filed by the appellants by 06th January 2025.
9. Call for the records of Civil Appeal No. 78 of 2019 from the
Court of learned District Judge-VIII, Dhanbad and records of Title
(Partition) Suit No. 110 of 2011 from the Court of learned Civil Judge
(Senior Division)-V, Dhanbad.
10. Post this case on 18th March 2025 in the supplementary cause-list
under the heading "For Final Disposal."
11. Let this order be communicated to the learned Courts concerned
through 'FAX'.
(Anubha Rawat Choudhary, J.)
Pankaj
