Second appeal dismissed for want of substantial question of law. The Court found that the underlying dispute involved pure questions of fact which were not fit to be interfered with in a second appeal despite the appellant's challenge to the title decree.
Second Appeal No. 411 of 2010 dismissed for want of substantial question of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.411 of 2010
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Smt. Mani Mala Devi w/o Badri Narayan Chudhary, resident of villageFaga, at present Dalia, Police Station-Bounsi, District-Banka
Plaintiff-appellant in the Court below, Appellant Versus
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Defendant-Respondents-5th Party .... .... Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Ajay Mukherjee For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 6 08-04-2013 Heard learned counsel for the appellant. 2. The appellant who was the plaintiff before the Trial Court is aggrieved by the judgment and decree dated 29.04.2010 and 14.05.2010 respectively passed by learned Additional District and Sessions Judge, Fast Track Court IV, Banka in Title Appeal No. No. 50/97 whereby he has dismissed the appeal and affirmed the judgment dated 13.03.1997 passed by learned Sub-Judge 1st Banka in Title Suit No. 23 of 1981. By the said judgment dated 13.03.1997 of learned Sub-Judge-1st Banka, the appellant‟s Title Suit No. 23 of 1981 was dismissed.
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to transfer the same to defendant 3rd party and that Jamabandi created and survey entries made in this regard were wrong. The plaintiff also claimed for a decree of recovery of possession.
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permission, Shiv Pujan Choudhary fraudulently managed the plaintiff to purchase the suit land.
record after appraising and analyzing the same came to a finding that the suit property was not acquired by Shiv Pujan Choudhary defendant No. 1, out of his personal earning rather the same was
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joint family property consisting of defendants No. 1 to 4, 8, 9 and acquired from joint family fund by Tribeni Prasad Choudhary as Karta and Manger of their joint family in the name of his eldest son Shiv Pujan Choudhary.
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executed by Shiv Pujan Choudhary who had acquired the property from his own income. They also took a ground that the Trial Court did not appreciate the oral and documentary evidence on record and placed reliance on irrelevant materials.
(ii) Whether the suit property is self acquired property of the vendor of the plaintiff?”
below that the core issue that the First Appellate Court proceeded to adjudicate upon was as to whether the vendor of the plaintiff had acquired suit property out of his own income and whether the vendor of the plaintiff was separate from his father and brothers at the time of execution of sale deed dated 05.03.1966.
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land mentioned in Schedule-1 of the plaint was not the selfacquired property of the Shiv Pujan Choudhary.
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the Courts below have discussed and analyzed the evidence before passing the judgment.
(Chakradhari Sharan Singh, J.)
Saif/-
2 issues framed by the court
Whether the concurrent findings of fact regarding property title are fit to be disturbed in a second appeal?
Whether the High Court can interfere with the concurrent findings of fact of the courts below under Section 100 CPC?
1 provisions across 1 enactments
Smt. Mani Mala Devi w/o Badri Narayan Chudhary
Shyam Choudhary
Ganga Ram Choudhary
Kala Devi
Gautam Choudhary
Anant Choudhary
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
