Court dismissed a Letters Patent Appeal as frivolous, upholding a Single Judge's finding that the appellant acquired title from a vendor who did not possess valid title due to land acquisition proceedings.
Letter Patent Appeal No.1522 of 2014 dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1522 of 2014 IN
Civil Writ Jurisdiction Case No. 3901 of 2014
===========================================================
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Arun Kumar For the Respondent/s : Mr. AC to GP 25 Mr Rajesh Kumar
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
and
HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 04-05-2017
Heard counsel for the appellant and counsel for the
respondents as well as respondent no.8, who appears in person.
This is a frivolous kind of appeal, which has been preferred against the order dated 19.9.2014 by the appellant, who seems to have bought a bag full of air and nothing more. The Court has specifically used the expression ‘bag full of air’ because no person
Patna High Court LPA No.1522 of 2014 dt.04-05-2017
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can acquire a title better than the vendor. If the vendor does not have title, the title cannot pass on to the present appellant even though the sale may have been effected between the parties.
This is the finding, which has been given by the learned Single Judge based on evidence and materials that the plot bearing No.1459 of Khata No.326 to the extent of 4.5 decimal and other contiguous plots were acquired under a land acquisition proceeding, which was numbered as L.A. 50 of 1975-76. If the appellant was befooled in buying that property from one Narmada Devi then the peril is of the appellant and not of the other contesting parties.
There does not seem to be any error in the order of the learned Single Judge. The appeal, therefore, is required to be dismissed and is dismissed being devoid of merit.
(Ajay Kumar Tripathi, J)
(Nilu Agrawal, J)
sk
AFR/NAFR NAFR CAV DATE NA Uploading Date 04.5.2017 Transmission NA Date
1 issue framed by the court
Whether the Learned Single Judge erred in dismissing the petition challenging property rights based on land acquisition and title defects.
Pramila Singh W/o Shri Anil Singh
The State of Bihar
The District Magistrate, Patna
The Commissioner, Patna Municipal Corporation
The Executive Officer, New Capital Circle
Sri Udai Shankar paswan
Ajay Kumar Tripathi
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
