Pancham Rawani & Anr vs Alkhi Devi & Ors on 25 April, 2018

[Cites 0, Cited by 0]

Jharkhand High Court

Pancham Rawani & Anr vs Alkhi Devi & Ors on 25 April, 2018

Bench: Rajesh Kumar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No.258 of 2015
Pancham Rawani & Anr.                              ...... Appellants
                               Versus
Alkhi Devi & Ors.                                 ...... Respondents
                          -----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

-----

For the Appellants :Mr. O.N.Tiwary, Advocate For the Respondents :Mr. A.K.Choudhary, Advocate

-----

16/Dated: 25/04/2018 Heard learned counsel for the appellants. There is concurrent finding by both the courts below that appellants have failed to prove earlier partition.

Learned counsel for the appellants submits that the name of the Predecessor of plaintiff was only mentioned in Ext-2-Parcha (Gantzer Survey Settlement) and it is a conclusive proof that property belongs to the Predecessor of the plaintiff only and it was not a joint family property.

Learned trial court has framed various issues including issue no.7 which is quoted hereinbelow:-

"vii Whether the separate Dakhal Kyari in the remark column of parcha are the proof of partition?"

Both the courts below have decided the issue against the plaintiff. Learned counsel for the appellants further submitted that this is indirect attempt to correct the record of right which is otherwise permissible.

In view of the above facts, learned counsel for the appellants proposes following substantial questions of law and the same is being accepted by this Court.

i. Whether the Separate Dhakal Kyari column mentioned in the Parcha (Gantzer Survey Settlement) presumed to be a Separate Property of Jamabandi Raiyat or not? ii. Whether the entries made in the Parcha is a legal and conclusive proof of right and custom under Section 25 of Santhal Settlement Regulation 1872 and it can be challenged after 70 years, under the Garb of Partition Suit before the Civil Court without challenging the actual entries made in the Parcha?

Admit.

Call for the Lower Court Records.

Mr. Arvind Kumar Choudhary learned counsel waives notice on behalf of the respondent no.1 to 4.

Issue notice upon the respondent no.5 to 13, under ordinary process for which requisites etc. must be filed within two weeks.

I.A. No. 7038 of 2017

Learned counsel for the appellants has submitted that the execution case is at final stage and if interim protection is not granted to the appellants, they may be vacated from the suit land.

Possession has to be protected until and unless title is finally declared in favour of other party.

In that view of the matter, Execution (F.D.) Case No. 95/2005 pending before the learned Sub Judge-I, Deoghar is hereby stayed till further orders.

I.A. No. 7038 of 2017 stands disposed of.

( Rajesh Kumar, J.) Shahid/

Unlock Advanced Research with PRISMAI

Jharkhand High Court