RANCHI, India, Nov. 25 -- Jharkhand High Court issued the following order on Oct. 29:

1. This First Appeal has been filed against the Judgment and Decree dated 29.09.2022 (Decree sealed and signed on 11.11.2022) passed by the learned Civil Judge (Senior Division), Sub- Divisional Court, Chandil in Original Suit No.35 of 2012 (Title Suit No.35 of 2012) whereby and whereunder the suit has been decreed on contest in favour of the plaintiffs/respondents and Sale Deed No.1420 dated 03.03.2011 executed by the Defendant No.2 in favour of Defendant No.1 has been declared as null and void and further, it has been held that Defendant No.1 has not acquired any interest over the suit land. Consequently, the defendants are the appellants before this Court.

2. The plaintiffs/respondents had filed Title Suit No.35 of 2012 for the following reliefs:

(i) That it be declared the deed of conveyance (Sale Deed) No.1420 dated 03.03.2011 executed by the Defendant No.2 in favour of the Defendant No.1 is forged, fabricated, without consideration and void ab initio and the Defendant No.1 has not acquired any interest in the suit premises,

(ii) Cost of the suit,

(iii) Any other relief or reliefs.

3. The suit land as mentioned in the Schedule of the plaint is all that piece and parcel of the land measuring area 150 decimals bearing Plot No.1198 (Part) (69 decimals) bounded as North: Plot No.1197, South: Plot No.1204, East: Plot No.1205 & 1206, West: Part of Plot No.1198, Plot No.1199 (08 decimals) bounded as North: Plot No.1198, South: Plot No.1200, East: Plot No.1200, West: Plot Nos.1188 & 1200, Plot No.1204 (54 decimals) bounded as North: Plot No.1198, 1205, 1206, South: River, East: Plot No.1272, West: Plot No.1203, and Plot No.1206 (19 decimals) bounded as North: Plot No.1207, South: Plot No.1205 & 1204, East: Plot No.1208, West: Plot No.1198 of Khata No.9 under Mouza- Dobo, Thana No.331, Halka No.2, within P.S.- Chandil, District- Seraikella-Kharsawan under Registry OfficeSeraikella.

4. The suit was filed by three plaintiffs namely, Krishna Singh, Sudama Singh and Bhola Singh, all sons of Tarak Nath Singh and the Plaintiff No.1 claimed to be attorney holder of Plaintiff Nos.2 and 3.

5. The Defendant No.1 is Hi-Tech Heritage Ltd. and the Defendant No.2 is Lala Vivek Prasad. The Defendant No.3 is Rameshwar Singh S/o Radha Krishna Singh. The Defendant No.3 has claimed to be original owner of the suit property. Defendant No.4 is Vijay Kumar Sinha who is the Power Attorney holder of the Defendant No.3.

6. Case of the Plaintiffs

A. Jogeshwar Ram was own uncle of the plaintiffs and Algu Ram was the brother-in-law (Sarhu) of Jogeshwar Ram. Algu Ram, his wife, the plaintiffs and Jogeshwar Ram were residing together under the Managership (Karta) of Jogeshwar Ram. Jogeshwar Ram died issueless on 16.11.2000 and his wife died in August, 2000. Algu Ram died issueless on 20.01.1996 and his wife Dukhni Devi died on 27.07.2001.

B. The suit land alongwith other lands stands recorded jointly in the names of Jogeshwar Ram and Algu Ram in the Survey Khatian, 1964 and the suit land is their acquired property. Jogeshwar Ram and Algu Ram both had acquired, owned and possessed an area measuring 5 acres and 10 decimals.

C. Algu Ram had given his right, title, interest, possession, etc. over the suit land and other lands to Jogeshwar Ram by executing a 'Panchnama' and consequently, Jogeshwar Ram became the absolute owner of the entire 5 acres and 10 decimals of lands and accordingly, the land was mutated in the name of Jogeshwar Ram who paid rent to the Government which continued to be paid till 2011.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpNtSykxzmnLmukmLaRk9ZQlKMaHxRSXz95AAKplBxjvF&caseno=FA/44/2023&cCode=1&cino=JHHC010091642023&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.