SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Pat) 341

KHATIM REZA
Baidyanath Mishra (Deceased) – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : M/s Shashi Shekar Dwivedi, Sr. Adv., Parth Gaurav, Ashutosh Kr. Pandey, Ritu Raj Shukla.
For the Respondents: M/s Khurshid Alam, AAG-12, Shailendra Kumar Dwivedi, AC to AAG-12.

Khatim Reza, J.—This Second Appeal has been filed by the plaintiffs against the judgment and decree dated 31.05.1989 passed by Second Additional District Judge, Saharasa in Title Appeal no. 01 of 1977 dismissing the appeal and confirming the judgment and decree dated 29.11.1976 passed by Subordinate Judge, Saharsa in Title Suit no. 34 of 1973.

2. On 21.11.1989, following substantial questions of law were formulated while admitting this Appeal:—

(I) Whether the findings of the court below that the entire area of Plot Nos. 1281, 1282 and 1158 has vested in the State of Bihar by virtue of the proceeding under Section 4(h) of the Bihar Land Reforms Act is sustainable even if the entire order passed in the proceeding under Section 4(h) of the B.L.R. Act is accepted to be correct?

(II) Whether the courts below has misdirected itself in holding that even though the plaitinffs were not a party to the proceeding u/s 4(h) of the B.L.R. Act the same is still binding upon them?

(III) Whether the findings of the court below is based on the errors of record and nonconsideration of the material evidence both oral and documentary?

(IV) Whether the finding of the court below that the entire land of Plot

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top