Janha v. State
Case brief
What is this about?
In a Title Appeal, the High Court set aside judgments of lower courts that declared a sale deed void due to pending ceiling proceedings. Finding insufficient evidence to confirm the land was subject of the ceiling dispute, the court remitted the matter to the trial court for de novo hearing and decree within six months.
What did the court decide?
Judgment and decree of courts below set aside; matter remitted to trial court for de novo hearing; suit to be concluded within six months.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
S.A.No.81 of 1997
From a judgment and decree dated 13.12.1996 and 8.1.1997 respectively passed by Shri K.C.Swain, learned Additional Civil Judge (Senior Division), Dhenkanal in Title Appeal No.12 of 1991 /8 of 1995 reversing the judgment and decree dated 25.3.1991 and 5.4.1991 passed by the learned Addl. Munsif, Hindol in T.S.No.6 of 1989.
| Janha Dei | ------------- …. Appellant |
|
|---|---|---|
| Versus | ||
| State of Ori | ssa and another | …. Respondents |
| For Appellant | -- Mr.Yeeshan Mohanty, Sr.Advocate, Mr.P.C.Biswal, Advocate |
|
| For Respondents | -- Mr.R.P.Mohapatra, A.G.A., Ms.Samapika Mishra, A.S.C. |
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH Date of Hearing & Judgment:10.10.2017
Dr.A.K.RATH, J. This is a plaintiff’s appeal against reversing judgment
in a suit for declaration of right, title, interest and permanent injunction.
Issues for consideration
3 issues framed by the court
Whether the appellate court was justified in setting aside the trial court's decree regarding the plaintiff's title and possession of suit land during a sub-judice ceiling proceeding.
Whether the finding that the sale deed was invalid due to the ceiling proceeding being pending was correct and supported by evidence.
Whether the appellate court erred in refusing title to the plaintiff in absence of material evidence rebutting the plaintiff's claim.
Parties & counsel
- appellant
Janha Dei
- respondent
State of Orissa
- respondent
defendant no.2
Coram
Case details
As recorded by the court registry
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