Sri Gouri Pati @ Babu Bhattacharya vs Abala Bouri And Ors
2025 Latest Caselaw 1438 Jhar

Jharkhand High Court

Sri Gouri Pati @ Babu Bhattacharya vs Abala Bouri And Ors on 8 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   S.A. No. 132 of 2020

                     Sri Gouri Pati @ Babu Bhattacharya        ...     ...      Appellant
                                          Versus
                     Abala Bouri and Ors.             ...          ...        Respondents
                                          ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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                For the Appellant         : Mr. Vibhor Mayank, Advocate
                For the Respondents       :
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09/08.01.2025          Heard the learned counsel appearing on behalf of the appellant.

2. The learned counsel for the appellant has submitted that the suit was filed for declaration of right, title and interest and for recovery of possession. The defendants filed their written statement and placed the foundational fact for claiming adverse possession, but no issue was framed by both the courts in connection with adverse possession, although certain findings were recorded to show that the defendants were having adverse possession in connection with the property involved in the present case. He has submitted that in spite of such finding, the suit was decreed and the appeal was dismissed.

3. The learned counsel has also submitted that there are materials on record to show that parties have led evidence with respect to their respective claims in connection with the plea of adverse possession raised by the defendants and the second appeal is fit to be admitted on the ground by framing an issue regarding adverse possession, or in the alternative, the issue on adverse possession be framed and the matter be remanded to the learned trial court to decide the issue of adverse possession.

4. Having gone through the impugned judgments, this appeal is admitted for final hearing on the following substantial question of law:

Whether the learned courts have committed serious error in law in not framing an issue on the point of adverse possession, and if so, whether the matter is to be remanded to the learned trial court for framing an issue on the point of adverse possession and giving a decision on such point?

5. Let notice be issued to the respondents for which requisites under ordinary process be filed by the appellant by 24.01.2025.

6. Post this case on 11.03.2025 in the supplementary cause list.

7. Let the records be called for from the court concerned.

8. Let this order be communicated to the concerned court through FAX/e-mail.

(Anubha Rawat Choudhary, J.) Saurav/