Jharkhand High Court
Rain Basera Housing Co-Operative ... vs Bihar State (Now Jharkhand) Housing ... on 9 February, 2023
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 195 of 2010
Rain Basera Housing co-operative Society, West Singhbhum & Ors.
...... Appellants
Versus
Bihar State (Now Jharkhand) Housing Board, Singhbhum West & Ors.
...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellants : Mr. Manjul Prasad, Sr. Advocate
For the Respondents :
07/Dated: 09/02/2023
This appeal shall be heard on the following substantial question of law:-
"Whether the learned appellate court in the judgement holding that the suit being barred under section 34 of the Specific Relief Act having not sought consequential relief for correction of entries in Records of Right is sustainable in view of the fact that predecessor in interest of plaintiffs were shown in possession though illegal ?"
"Whether the learned appellate court erred in holding error of record considering the entries in 1953, whereas admittedly the records of right was finally published in 1983 and the suit was filed within 12 years i.e. on 13.03.1987 ?
"Whether the finding of the learned appellate court holding the suit barred by provisions of Section 92 of Bihar State Housing Board Act having not served notice 60 days prior to filing of the suit is unsustainable in absence of pleadings to that effect ?
It is open to the parties to call upon the Court to frame further substantial question of law at the time of final hearing of the second appeal.
Issue notice upon the respondent nos. 1 to 11 by registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within two weeks.
Call for Lower Court Record.
( Sanjay Kumar Dwivedi, J.) Satyarthi/