Patna High Court - Orders
Bibi Jamila Khatoon & Ors vs Janardan Kunwar & Anr on 19 November, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.151 of 2006
BIBI JAMILA KHATOON & ORS
Versus
JANARDAN KUNWAR & ANR
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6/ 19-11-2008Heard 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 parties being governed by Mohammedan Law, the presumption of jointness as provided in Hindu Law would be applicable specially when the separation is admitted in the instant case ?
(ii) Whether the agreement for sale of property in question for a consideration of Rs. 9,000/-
would amount to passing of a title without any registered deed of transfer ?
Issue appeal notices to the respondents by ordinary process for which Talbana etc. must be filed by the appellants within one week, failing which this appeal shall stand dismissed without further reference to a Bench.
Call for the records from the learned courts below. I.A. No. 3710 of 2006 shall be considered after appearance of the respondents.
B.Tiwary/ (S.N Hussain,J)