Shatrughna Prasad Yadav @ Shatrudhan Yadav v. Dayanand Jha
Case brief
What is this about?
Patna High Court, Justice Khatim Reza (sole judge), SA No.51 of 2023, oral order dated 18-02-2025: defendant Shatrughna Prasad Yadav @ Shatrudhan Yadav's second appeal against plaintiffs Dayanand Jha, Vinoda/Viveka/Sharda/Maya/Pramoda/Rama Nand Jha, Shanti/Gulab/Anar Devi (plus State of Bihar and Anchal Adhikari, Babubarhi) DISMISSED under Order XLI Rule 11 CPC - no illegality found in the Additional District Judge-VIII, Madhubani judgment/decree of 21.11.2022 in Title Appeal No. 25 of 2008, which had reversed the Munsif-II, Madhubani decree of 23.02.2008 in Title Suit No. 02 of 2004 (declaration of title; Basgit Parcha Case No. 40 of 1995-96 / 02/1998-99 order dated 30.08.1997/11.07.1998 forged/fabricated/void ab initio; possession; injunction). Key evidentiary points: Basgit Parcha Ext.-C ante-dated (order sheet named Ram Dayal Yadav, not applicant Satrudhan Pd. Yadav of application dated 15.01.1996); Plot No. 214 (2 kattha 4 dhurs; disputed portion one decimal = 6 dhurs; 10 dhurs sought forcibly); gift deed dated 03.01.1985 by Jeevnath Jha to Muchkund Jha; Section 144 CrPC proceeding dropped by SDM Madhubani on 01.11.1996; C.W.J.C. No. 6051 of 2003 withdrawn 25.08.2003; dispossession via shop built 02.09.2003; defendant's pleas of bar under Bihar Privileged Persons Homestead Tenancy Act and Specific Relief Act and possession since 20-25 years. No precedent case cited.