Ram Naresh Pandit vs Jawahar Lal Mandal & Others
2026 Latest Caselaw 935 Jhar

Jharkhand High Court

Ram Naresh Pandit vs Jawahar Lal Mandal & Others on 10 February, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                    S.A. No. 19 of 2023
                                              .....

                Ram Naresh Pandit                             ...     ...      Appellant
                                    Versus
              Jawahar Lal Mandal & Others       ...      ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rahul Kumar Gupta, Advocate For the Respondents : None

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07/10.02.2026 Heard the learned counsel appearing on behalf of the appellant.

2. Learned counsel for the appellant has submitted that the appellant had filed a suit for recovery of possession on the basis of registered sale deed executed prior in point of time as compared to the registered sale deed executed in favour of the defendant Nos.2 and 3 by the defendant No.1. He submits that the defendants are claiming that they had an agreement of sale which was prior in point of time as that of the plaintiff. The learned counsel submits that if that be so it was for them to challenge the sale deed which was in favour of the plaintiff and was prior to the point of time but at no point of time the sale deed of the plaintiff was challenged by the defendant No.2 and 3. He submits that in such circumstances, Section 48 of the Transfer of Property Act, 1882 comes into play. He has referred to the substantial question of law No.V as suggested in the memo of appeal.

3. After hearing the learned counsel for the appellant, this appeal is admitted for final hearing on the following substantial question of law:

"V. Whether the learned court below has failed to take into account the provisions contained in Section 48 of the Transfer of Property Act, 1882 rendering the impugned Judgment and Decree by the courts below as perverse."

4. Issue notice to the respondents through the concerned police station for which requisites etc. should be filed within a period of one week.

5. Let the records be called for from the learned court concerned upon deposit of special messenger cost by the appellant within a period of one week from today.

6. Post this case 11th March, 2026.

7. Let this order be communicated to the learned court concerned through 'FAX'/ E-mail.

(Anubha Rawat Choudhary, J.) Madhav/-