Jharkhand High Court
Sundari Devi And Others vs Rajesh Ojha And Others on 2 January, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S. A. No. 354 of 2018
Sundari Devi and Others
... ... Defendants/Respondents/Appellants
Versus
Rajesh Ojha and Others
... ... Plaintiffs /Appellants /Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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06/02.01.2025
1. Heard the learned Senior Counsel Mr. Shree Prakash Jha
appearing on behalf of the appellants.
2. The appellants were the defendants in the title suit.
3. The title suit filed by the plaintiffs (respondents herein) was
dismissed by the trial court. Thereafter, the plaintiffs filed appeal
before the appellate court which was allowed by the appellate court
and hence the defendants are before this court in second appeal.
4. The learned counsel for the appellants has submitted that the
present Second Appeal has been filed against the order of reversal.
The title suit filed by the plaintiffs being Title Suit number 30 of 1995
was dismissed and the main issues, issue No. 5 and 6, were decided
against the plaintiffs. The appellate court has reversed the judgment
only with regard to issue No. 5 as framed by the learned trial court and
so far as the issue No. 6 regarding possession is concerned appellate
court has directed that the plaintiffs would be entitled for recovery of
possession. Thus, the possession of the defendants with regard to suit
properties stood confirmed by the trial court as well as by the
appellate court.
5. He submits that the appellate court while reversing the decree
has not dealt with the reasoning given by the learned trial court and
has not considered the documents and evidences on record properly.
6. Considering the submissions and having gone through the
impugned judgments, this appeal is admitted for hearing on the
following substantial question of law.
I. Whether, the judgment and decree of the learned District
and Additional Sessions Judge-II, Bokaro is vitiated and
fit to be set-aside by this Hon'ble Court for non-
consideration of the documentary and oral evidence of the
defendants while reversing the judgment and decree of the
learned trial court and also for not meeting the reasoning
of the learned trial court?
II. Whether, Rani Durgesh Kumari, the vendor of the
plaintiffs can be said to have no title over the suit
property while executing the sale deed dated 12.06.1968
(exhibit-2) as there was no rent receipt in her favour by
the ex-landlord before vesting of the estate to the state of
Bihar?
7. Issue notice to the respondent Nos. 1 to 7 and respondent Nos.
9, 15, 16, 17, 18 and 19 through ordinary process and under registered
post with AD.
8. So far as respondent No. 8 and respondent Nos. 10, 11, 12, 13
and 14 are concerned, let the notices be issued through registered post
with AD.
9. The requisites be filed by 17th January, 2025.
10. Post this case on 21st March, 2025 awaiting the respondents.
11. Let the records be called for from the concerned courts.
12. Let this order be communicated to the court concerned through
"Fax/Email".
(Anubha Rawat Choudhary, J.)
Rakesh/-
