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Jharkhand High Court

Madhurani Jain vs The Jain Swetambar Society on 23 March, 2018

Author: Rajesh Kumar

Bench: Rajesh Kumar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               S.A. No.646 of 2015
               1. Madhurani Jain.
               2. Sonia Jain.
               3. Monika Jain.
               4. Anuradha Jain.
               5. Bulbul Jain.
               6. Chulbul Jain.
               7. Subham Jain                     ... Appellants/Appellants/Plaintiff
                                     Versus
               1. The Jain Swetambar Society, Giridih.
               2. Mahipal Bahadur Singh.
               3. Bhupal Bahadur Singh.
               4. Kumar Pal Bahadur Singh.
               5. Anil Kumar Dugar, Manager, Jain Swetambar, Society, Giridih.

                                         .... Respondent/Respondents/Defendants
                                  -----

Coram: HON'BLE MR JUSTICE RAJESH KUMAR

-----

             For the Appellants         : Mr. Manjul Prasad, Sr. Advocate
             For the Respondents        :
                                  ----
04/23.03.2018:        Heard the senior counsel for the appellants.

The present appeal is against the concurrent finding of both the courts below (District Judge-I, Giridih and 2nd Addl. Sub Judge-Giridih, dated 16.09.2015 and 27.08.1983 in connection with Title Appeal No.53 of 1987 arising out of Title Suit No.38 of 1975 respectively).

The present Title Suit being Title Suit No.38 of 1975 has been filed by the plaintiff for declaration of his raiyati right over the suit land and recovery of possession on the basis of settlement made in the year 1927.

The defendants have objected the suit of the plaintiffs and has stated that the suit land has been settled by the government in favour of Jain Swetamber Society and the land is within Parasnath Hill, which is holy place of Jains.

Both the courts below have given concurrent finding against the plaintiff/appellants and in favour of the defendants/respondents.

In view of the above concurrent finding of both the courts below, I find no merit in this appeal as there is no substantial question of law involved.

Accordingly, present second appeal is hereby, dismissed.

          Ravi/-                                                       (Rajesh Kumar, J.)