Anandi Pandit And Others vs Balkrishna Pandit And Others
2025 Latest Caselaw 3881 Jhar

Jharkhand High Court

Anandi Pandit And Others vs Balkrishna Pandit And Others on 12 June, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                              S.A. No. 199 of 2022

           Anandi Pandit and others                       ...     ...      Appellants
                                 Versus
        Balkrishna Pandit and others         ...      ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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        For the Appellants       : Mr. Amit Kumar Verma, Advocate
        For the Respondents      :
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19/12.06.2025

1. Learned counsel for the appellants has submitted that one of the issues which was framed by the learned trial Court was issue no. VIII with regard to the point as to whether the defendants have perfected their right and title over the suit land and house standing over the same which essentially related to the claim of adverse possession. He has submitted that the learned trial court has considered the same while holding that the defendants were in illegal possession of the property and while considering this point, the learned trial Court has taken note of order dated 28.02.2009 passed by the Settlement Officer in T.L. Case No. 38 of 2008 by which the defendants were directed to be evicted from the suit property. The learned counsel has also submitted that the learned 1st appellate court has not at all considered the plea of adverse possession.

2. The learned counsel for the appellants submits that as is apparent from the trial court's judgment, the said order passed in T.L. Case No. 38 of 2008 was not exhibited and it was considered as public document. He submits that the said order has been set-aside by the learned Commissioner who has declared adverse possession of the defendants.

3. Learned counsel for the appellants further submits that he has filed petition before this Court seeking to adduce additional evidence through interlocutory application being I.A. No. 6998 of 2025 to bring on record the order dated 21.06.2022 passed by the learned Commissioner, Santhal Pargana Division, Dumka in R.M.A. Case No. 56 of 2009-10 whereby the learned Commissioner has set-aside the order dated 28.02.2009 passed in T.L. Case No. 38 of 2008. He has submitted that to the best of his knowledge, the order of the Commissioner has attained finality.

4. The learned counsel has submitted that this appeal be admitted for final hearing on the substantial question of law - as to whether the learned courts have properly considered the plea of adverse possession of the defendants. He submits that the said plea has neither been properly considered by the learned trial court nor by the learned 1st appellate court as the basic ingredients of adverse possession have not been examined.

5. Considering the aforesaid submission, this Second Appeal will be heard on the following substantial question of law:

"Whether the impugned judgments are fit to be set-aside on the ground that the learned courts have failed to appreciate the plea and also the basic ingredients of adverse possession in accordance with law?"

6. Issue notice to the respondents for which requisites etc. under ordinary process be filed within a period of one week from today.

7. It is made clear that the interlocutory application seeking to adduce additional evidence will be considered after appearance of the respondents subject to objection, if any. The notice to the respondents should also accompany a copy of the interlocutory application being I.A. No. 6998 of 2025.

8. Call for the records from the learned Courts concerned.

9. Post this case on 31st July 2025 awaiting service report.

(Anubha Rawat Choudhary, J.) Pankaj