Duajan Bewa And Others vs Bedana Bibi
2025 Latest Caselaw 4007 Jhar

Jharkhand High Court

Duajan Bewa And Others vs Bedana Bibi on 17 June, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

               IN THE HIGH COURT OF JHARKHAND AT RANCHI


                           S.A. No. 40 of 2023


          Duajan Bewa and others                                  ...      ...       Appellants

                                           Versus

          Bedana Bibi                                             ...      ...      Respondent

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Gaurav Abhishek, Advocate

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th 13/17 June 2025

1. Learned counsel for the appellants submits that the appellants were the defendants in the suit and have lost in both the courts. The bone of contention between the parties was registered 'Hiba-bil-iwaz' bearing No. 4157 of 1989. The learned trial court held that the 'Hiba-bil-iwaz' was valid and the learned First Appellate Court held that 'Hiba-bil-iwaz' was not the nature of document but it was simply 'Hiba'.

2. The learned counsel has submitted that in spite of recording that the said registered document will not be treated as 'Hiba-bil-iwaz' which was the specific case of the plaintiff, but the learned 1st appellate court still dismissed the appeal.

3. The learned counsel for the appellants has referred to substantial question of law no. (VI) which reads as under:

"(VI) Whether despite findings of the lower Appellate court that said gift will not be treated as Hiba bi liwaj when the pleading is of Hiba bil iwaj then decreeing the suit can be sustained?"

4. Having heard the appellants and having gone through the enclosed judgments, this Appeal is admitted for final hearing on the aforesaid substantial question of law no. (VI).

5. Issue notice to the sole respondent for which requisites under ordinary process be filed within a period of one week.

6. Let the records be called for from the concerned courts.

7. Post this case on 31.07.2025 awaiting service report.

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

(Anubha Rawat Choudhary, J.) RKM/-