Jharkhand High Court
Bandru Mahato vs Hublal Mahato & Anr on 24 September, 2018
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.156 of 2017
Bandru Mahato ... Appellant
Versus
Hublal Mahato & anr. ..... Respondents
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Coram: HON'BLE MR JUSTICE RAJESH KUMAR
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For the Appellants : Mr. R.S. Mazumdar, Sr. Advocate
For the Respondent :
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05/24.09.2018: Heard the senior counsel for the appellant.
The appellant is the original plaintiff.
The suit being Title Suit No.174 of 1988 has been instituted for cancellation of sale deed no.14222 dated 15.06.1973 executed by mother of plaintiff in favour of the defendant No.1.
It is the case of the plaintiff that suit land has been sold by his mother, claiming that she is natural guardian without permission of the court. The suit has been decreed in favour of the plaintiff but the same has been reversed by the appellate court.
It has been submitted by the senior counsel for the appellant that the plaintiff is still in possession of the suit land and as such, he was not aware regarding transfer of land by his mother and present appeal has been instituted only after getting knowledge of the same and accordingly, the same will not come under purview of law of limitation.
The appellate court has reversed the judgment of the trial court on the basis of limitation.
In view of the above discussion, present second appeal is, hereby, admitted on the following substantial question of law:
"Whether the learned appellate court had failed to interpret Article 60 and 109 of the Indian Limitation Act as well as Section 8 of Hindu Minority and Guardianship Act in the correct perspective as there was no partition of the ancestral property belonging to the father of the plaintiff and further the sale deed under challenge did not obtain any permission from the court which is the mandate of Section 8 of the Act of 1956?"
Issue notice to the respondents on filing requisite etc. under ordinary process within two weeks.
Call for the L.C.R. (Rajesh Kumar, J.) Ravi/-