Smt.Jainab Bee And Others vs Sheikh Nadir And Others 80 Wpc/811/2018 ... on 23 October, 2018

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Chattisgarh High Court

Smt.Jainab Bee And Others vs Sheikh Nadir And Others 80 Wpc/811/2018 ... on 23 October, 2018

Bench: Sanjay K. Agrawal

                                  1

                                                                   NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                SECOND APPEAL No. 383 of 2005

1. Smt. Jainab Bee Wd/o Sheikh Mohammed, aged about 64 years, R/o
   Majhapara, Dist. Kanker (C.G.)

2. Sheikh Manjur, S/o Sheikh Mohammed, aged about 34 years, R/o
   Majhapara, Dist. Kanker (C.G.)

3. Ku. Sophiya, D/o Sheikh Mohammed, aged about 25 years, R/o
   Majhapara, Dist. Kanker (C.G.)
                              ---- Appellants / Defendants No. 2, 3 & 5

                              Versus

1. Sheikh Nadir S/o Sheikh Mohammed, aged about 48 years, R/o
   Majhapara, Kanker, C.G.........[Plaintiff]

2. Sheikh Amir s/o Sheikh Rahim, (dead)........[defendant No. 1]

   (A) Basir Bee, Wd/o Sheikh Amir, aged about 64 years, R/o Village
   Keshkal, Tahsil Keshkar, District Bastar (C.G.)

   (B) Kheru Bai Wd/o Sheikh Nazir, aged about 44 years, R/o Village
   Keshkal, Tahsil Keshkar, District Bastar (C.G.)

   (C) Sheikh Amin, S/o Sheikh Nazir, aged about 24 years, R/o Village
   Keshkal, Tahsil Keshkar, District Bastar (C.G.)

   (D) Sheikh Shamim S/o Sheikh Nazir, aged about 18 years, R/o
   Village Keshkal, Tahsil Keshkar, District Bastar (C.G.)

   (E) Sheikh Khalil S/o Sheikh Amir, aged about 29 years, R/o Village
   Keshkal, Tahsil Keshkar, District Bastar (C.G.)

   (F)Jaharunnisa D/o Sheikh Amir, aged about 28 years, R/o Shitlapara,
   Kanker, District Kanker (C.G.)

3. Sheikh Mansoor S/o Sheikh Mohammed, aged about 44 years, R/o
   Majhapara, Kanker (C.G.).......[defendant No. 6]

4. Toukir S/o Sheikhu, aged about 50 years, R/o Village Narayanpur,
   Tahsil Narayanpur, District Bastar (C.G.)........[defendant No. 7]

5. Tajir S/o Sheikhu, aged about 44 years, R/o Village Narayanpur,
   Tahsil Narayanpur, District Bastar (C.G.)........[defendant No. 8]

6. Smt. Khatima, Wd/o Sheikhu (dead)........[defendant No. 9]
                                     2

  7. Smt. Jaiban Nisha, W/o Sheikh Majid, aged about 50 years, R/o
     Shitalapara, Kanker, Dist. Kanker (C.G.)........[defendant No. 4]
                                                           ---Respondents

For Appellants : Shri Vishnu Koshta, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/10/18

1. Heard on question of admission.

2. This second appeal has been preferred by defendants No. 2, 3 and 5 questioning the judgment and decree of the First Appellate Court whereby, the First Appellate Court has affirmed the judgment and decree passed by the trial Court.

3. Learned counsel appearing for appellants submits that the concurrent finding recorded by both the Courts below are perverse and contrary to law and it involves substantial questions of law for determination.

4. In a suit filed by the plaintiff, the trial Court has clearly held that the suit land on partition came in share of defendant No. 1 Sheikh Amir and he sold the suit land to the plaintiff Sheikh Nadir by registered sale deed dated 08.04.1992 by which the plaintiff became the owner of the suit land. The said finding has been affirmed by the First Appellate Court.

5. The concurrent finding recorded by both the Courts below, holding that after partition of the suit land Sheikh Amir and his legal heirs alienated the suit property in favour of plaintiff, is a finding of fact based on material available on record. As such, I do not find any perversity or illegality much less for determination 3 of substantial question of law in this second appeal.

6. Accordingly, the second appeal is dismissed with no order as to cost(s).

Sd/-

(Sanjay K. Agrawal) Judge Priyanka

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