Patna High Court - Orders
State Of Bihar & Ors vs Rama Shankar Pandey & Ors on 27 February, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.201 of 2007
STATE OF BIHAR & ORS
Versus
RAMA SHANKAR PANDEY & ORS
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08/ 27.02.2009Heard 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 ignoring that the claim of the plaintiffs was not supported by any document of title including any registered deed or a settlement deed or any rent receipt ?
(ii) Whether the learned court of appeal below failed to appreciate that the onus was squarely upon the plaintiffs to prove their right, title and possession over the suit lands in which they miserably failed and hence merely due to consideration of revisional survey khatiyan and chakbandi khatiyan by the trial court, its judgment and decree should not have been reversed by the lower appellate court ?
Issue appeal notices to the respondents by ordinary process, for which, Talbana etc. must be filed within one week, failing which, -2- this second appeal shall stand dismissed without further reference to a Bench.
Call for the records from the learned court below.
MPS/ ( S. N. Hussain, J. )