Dilsukhiya Devi & Others vs Alho Devi & Others
2025 Latest Caselaw 3150 Jhar

Jharkhand High Court

Dilsukhiya Devi & Others vs Alho Devi & Others on 6 March, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  S.A. No. 123 of 2024
               Dilsukhiya Devi & others                ... Appellants
                                          -Versus-
               Alho Devi & others                      ... Respondents
                                               -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

               For the Appellants       : Mr. A.K. Sahani, Advocate
               For the Respondents      :
                                               -----
05/06.03.2025        Learned counsel for the appellants submits that the trial court

judgment has been reversed by the learned first appellate court and the suit

was dismissed and the appeal was allowed.

2. This second appeal shall be heard on the following substantial

questions of law:

(i) Whether the suit property being exclusive property of Somar Das and being not a joint ancestral property of the parties can the claim of the plaintiff for partition is maintainable or not?

(ii) Whether the plaintiff no.1 having acknowledge and accepted the exclusive title of Somar Das as his self-acquired property by purchasing 44 decimals out of the suit land by virtue of registered sale deed dated 22.03.1978 and thus the learned first appellate court committed an error in ignoring the provisions of Section 58 of Bhartiya Sakshya Adhiniyam, 2023 or not?

3. Call for the Trial Court Records.

4. Issue notice upon respondent nos. 1 to 26 by ordinary process as well

as registered post with A/D, for which, requisites etc. shall be filed within

two weeks.

(Sanjay Kumar Dwivedi, J.) Ajay/