Patna High Court - Orders
Most Subhdra Devi & Ors vs Buchchi Singh@Krishna Kr.& Ors on 28 January, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.145 of 2008
MOST SUBHDRA DEVI & ORS
Versus
BUCHCHI SINGH@KRISHNA KR.& ORS
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05 / 28.01.2010Heard 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:
1) Whether due to lack of constructive knowledge or notice as required under the provision of Section 3 of the Transfer of Property Act, the sale certificate relied by other side can be said to be binding upon the predecessor-in-interest of the plaintiffs?
2) Whether date of final publication of Khatiyan according to Section 58 of the Limitation Act was legally starting point of law?
3) Whether the plaintiffs or their predecessor-in-
interest not being parties in rent suit, their title can be transferred to any person?
Let appeal notices be issued to respondents through ordinary process for which talbana etc must be filed by the appellants within one week, failing which the appeal shall stand dismissed without further reference to the Bench.
Call for the records from the lower court.
shahid (S.N. Hussain,J)