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2018 Supreme(Chh) 631

SANJAY K.AGRAWAL
Nanhku, S/o Rambaran – Appellant
Versus
Ramcharan, S/o Manchar – Respondent


Advocates Appeared:
For the Appellant :Mr. A.K. Prasad, Advocate.
For the Respondent:Mr. H.B. Agrawal, Senior Advocate with Mrs. Itu Rani Mukherjee, Advocate., Mr. Arun Sao, Deputy Advocate General.

JUDGMENT :

1. The substantial question of law involved, formulated and to be answered in the defendant's second appeal is as under: -

“Whether the finding of the First Appellate Court regarding applicability of Section 117 of the Transfer of Property Act, 1882 is perverse?”

(For sake of convenience, parties would be referred hereinafter as per their status shown in the trial Court.)

2. The respondents/plaintiffs filed a civil suit for declaration of title and possession stating inter alia that the property stated in Schedule-1 of the plaint is self-acquired property of the father of plaintiffs No.1 and 2 and husband of plaintiff No.3 – Late Manchar, S/o Aitwa Uraon, granted in ryoti right by Surguja Settlement, which was given on license to the father of defendant No.1 for agriculture work to maintain his family. Thereafter, father of defendant No.1 died and defendant No.1 also requested for continuance of license which was permitted and the said land would be returned as and when it is required, but thereafter, defendant No.1 got his name entered in the revenue records leading to filing of instant suit in which the defendants were proceeded ex parte. The plaintiffs examined three witn












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