Birsi Dhangarin And Others vs Mostt. Puno @ Mostt. Puro And Others
2025 Latest Caselaw 3538 Jhar

Jharkhand High Court

Birsi Dhangarin And Others vs Mostt. Puno @ Mostt. Puro And Others on 27 March, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                            S.A. No. 106 of 2024
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Birsi Dhangarin and Others ... ... Appellant(s)

-- Versus --

Mostt. Puno @ Mostt. Puro and Others ... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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           For the Appellants(s)       :-     Mr. Rajeeva Sharma, Sr. Advocate
           For the Respondent(s)       :-
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6/27.03.2025      This Second Appeal Shall be heard on following substantial question of law:

"(1)Whether the findings of both the courts that the plaintiff's are legal heirs of the recorded tenants is based on no evidence since the deposition of PW 1 Dukhuwa Dhangar who also happens to be the plaintiff no.1 and is claiming inheritance from Thutha Dhangar who allegedly was the son of recorded tenant Fagu Dhangar and the deposition of PW-2 Garju Turi as regard the year of death of Thutha Dhangar is highly contradictory - the former states he died in 1988 and the latter states he died in 1980 or not?"

(2) Whether the findings of both the courts that the genealogy given by the defendants appears to be nor reliable and acceptable is perverse in light of the law settled by the Hon'ble Supreme Court in (1983) 3 SCC 118 as regard the cases where conflicting genealogies are produced by the parties and the genealogies are sought to be proved solely by oral evidences especially when the PW-2 had no special means of knowledge and did not disclose the source, time and circumstance under which the knowledge, if any, was acquired, rather his statement contradicted the statement of PW-1 and thus the knowledge, if any, stood not clearly and conclusively proved as mandated in the said judgment of Hon'ble Supreme Court or not?

2. Issue notice upon the respondent nos. 1 to 11 in the S.A as well as in the

I.A meant for stay being I.A. No.3488 of 2025 by registered post with A/d as

well as under ordinary process for which requisites etc must be filed within a

week.

3. Call for the Trial Court Records.

( Sanjay Kumar Dwivedi, J.) SI/