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Patna High Court - Orders

Sita Devi & Anr vs Ram Lochan Rai & Ors on 27 February, 2009

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    SA No.126 of 2006
                                    SITA DEVI & ANR
                                           Versus
                                 RAM LOCHAN RAI & ORS
                                         -----------

15/   27.02.2009

Heard learned counsel for the appellants.

This second appeal will be heard. Admit. Following substantial questions of law arise for consideration in the instant second appeal :-

(i) Whether the learned court of appeal below, while reversing the judgment and decree of the trial court, was justified in assuming adverse possession in absence of any pleading regarding elements of adverse possession ?

(ii) Whether the learned court of appeal below was justified in passing its impugned judgment on the sole ground of adverse possession without appreciating the distinction of `long possession' and `adverse possession', which clearly vitiated his judgment ?

(iii) Whether the defendants, claiming to have acquired title over the suit property by inheritance, could be allowed to raise the plea of adverse possession with respect to the suit properties, which they claimed to be their own?

Issue appeal notices to the respondents by ordinary process, for which Talbana etc. must be filed within one week, failing which, this second appeal shall stand dismissed without further reference to a Bench.

Call for the records from the court below.

MPS/                            ( S. N. Hussain, J. )